7980 Federal Register / Vol. 77, No. 29 / Monday, February 13, 2012 / Unified Agenda 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary 

14 CFR Chs. I–III 

23 CFR Chs. I–III 

33 CFR Chs. I and IV 

46 CFR Chs. I–III 

48 CFR Ch. 12 

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

X–XII 

[OST Docket 99–5129] 

Department Regulatory Agenda; 

Semiannual Summary 

AGENCY: Office of the Secretary, DOT. 

ACTION: Semiannual Regulatory Agenda. 

SUMMARY: The Regulatory Agenda is a 

semiannual summary of all current and 

projected rulemakings, reviews of 

existing regulations, and completed 

actions of the Department. The Agenda 

provides the public with information 

about the Department of 

Transportation’s regulatory activity. It is 

expected that this information will 

enable the public to be more aware of 

and allow it to more effectively 

participate in the Department’s 

regulatory activity. The public is also 

invited to submit comments on any 

aspect of this Agenda. 

FOR FURTHER INFORMATION CONTACT: 

General 

You should direct all comments and 

inquiries on the Agenda in general to 

Neil R. Eisner, Assistant General 

Counsel for Regulation and 

Enforcement, Department of 

Transportation, 1200 New Jersey 

Avenue SE., Washington, DC 20590; 202 

366–4723. 

Specific 

You should direct all comments and 

inquiries on particular items in the 

Agenda to the individual listed for the 

regulation or the general rulemaking 

contact person for the operating 

administration in Appendix B. 

Individuals who use a 

telecommunications device for the deaf 

(TDD) may call 202 755–7687. 

Table of Contents 

Supplementary Information 

Background 

Significant/Priority Rulemakings 

Explanation of Information on the Agenda 

Request for Comments 

Purpose 

Appendix A—Instructions for Obtaining 

Copies of Regulatory Documents 

Appendix B—General Rulemaking Contact 

Persons 

Appendix C—Public Rulemaking Dockets 

Appendix D—Review Plans for Section 610 

and Other Requirements 

SUPPLEMENTARY INFORMATION: 

Background 

Improvement of our regulations is a 

prime goal of the Department of 

Transportation (Department or DOT). 

Our regulations should be clear, simple, 

timely, fair, reasonable, and necessary. 

They should not be issued without 

appropriate involvement of the public; 

once issued, they should be periodically 

reviewed and revised, as needed, to 

assure that they continue to meet the 

needs for which they originally were 

designed. To view additional 

information about the Department of 

Transportation’s regulatory activities 

online, go to http://regs.dot.gov. Among 

other things, this Web site provides a 

report, updated monthly, on the status 

of the DOT significant rulemakings 

listed in the Semiannual Regulatory 

Agenda. 

To help the Department achieve these 

goals and in accordance with Executive 

Order (EO) 12866, ‘‘Regulatory Planning 

and Review,’’ (58 FR 51735; Oct. 4, 

1993) and the Department’s Regulatory 

Policies and Procedures (44 FR 11034; 

Feb. 26, 1979), the Department prepares 

a Semiannual Regulatory Agenda. It 

summarizes all current and projected 

rulemaking, reviews of existing 

regulations, and completed actions of 

the Department. These are matters on 

which action has begun or is projected 

during the succeeding 12 months or 

such longer period as may be 

anticipated or for which action has been 

completed since the last Agenda. 

The Agendas are based on reports 

submitted by the offices initiating the 

rulemaking and are reviewed by the 

Department Regulations Council. The 

Department’s last Agenda was 

published in the Federal Register on 

July 7, 2011 (76 FR 40092). The next one 

is scheduled for publication in the 

Federal Register in spring 2012. 

The Internet is the basic means for 

disseminating the Unified Agenda. The 

complete Unified Agenda is available 

online at www.reginfo.gov, in a format 

that offers users a greatly enhanced 

ability to obtain information from the 

Agenda database. 

Because publication in the Federal 

Register is mandated for the regulatory 

flexibility agendas required by the 

Regulatory Flexibility Act (5 U.S.C. 

602), DOT’s printed Agenda entries 

include only: 

1. The agency’s Agenda preamble; 

2. Rules that are in the agency’s 

regulatory flexibility agenda, in 

accordance with the Regulatory 

Flexibility Act, because they are likely 

to have a significant economic impact 

on a substantial number of small 

entities; and 

3. Any rules that the agency has 

identified for periodic review under 

section 610 of the Regulatory Flexibility 

Act. 

Printing of these entries is limited to 

fields that contain information required 

by the Regulatory Flexibility Act’s 

Agenda requirements. These elements 

are: Sequence Number; Title; Section 

610 Review, if applicable; Legal 

Authority; Abstract; Timetable; 

Regulatory Flexibility Analysis 

Required; Agency Contact; and 

Regulation Identifier Number (RIN). 

Additional information (for detailed list 

see section heading ‘‘Explanation of 

Information on the Agenda’’) on these 

entries is available in the Unified 

Agenda published on the Internet. 

Significant/Priority Rulemakings 

The Agenda covers all rules and 

regulations of the Department. We have 

classified rules as a DOT agency priority 

in the Agenda if they are, essentially, 

very costly, beneficial, controversial, or 

of substantial public interest under our 

Regulatory Policies and Procedures. All 

DOT agency priority rulemaking 

documents are subject to review by the 

Secretary of Transportation. If the Office 

of Management and Budget (OMB) 

decides a rule is subject to its review 

under Executive Order 12866, we have 

classified it as significant in the Agenda. 

Explanation of Information on the 

Agenda 

An Office of Management and Budget 

memorandum, dated June 30, 2011, 

requires the format for this Agenda. 

First, the Agenda is divided by 

initiating offices. Then, the Agenda is 

divided into five categories: (1) Prerule 

stage, (2) proposed rule stage, (3) final 

rule stage, (4) long-term actions, and (5) 

completed actions. For each entry, the 

Agenda provides the following 

information: (1) Its ‘‘significance’’; (2) a 

short, descriptive title; (3) its legal basis; 

(4) the related regulatory citation in the 

Code of Federal Regulations; (5) any 

legal deadline and, if so, for what action 

(e.g., NPRM, final rule); (6) an abstract; 

(7) a timetable, including the earliest 

expected date for a decision on whether 

to take the action; (8) whether the 

rulemaking will affect small entities 

and/or levels of government and, if so, 

which categories; (9) whether a 

Regulatory Flexibility Act (RFA) 


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analysis is required (for rules that would 

have a significant economic impact on 

a substantial number of small entities); 

(10) a listing of any analyses an office 

will prepare or has prepared for the 

action (with minor exceptions, DOT 

requires an economic analysis for all its 

rulemakings.); (11) an agency contact 

office or official who can provide 

further information; (12) a Regulation 

Identifier Number (RIN) assigned to 

identify an individual rulemaking in the 

Agenda and facilitate tracing further 

action on the issue; (13) whether the 

action is subject to the Unfunded 

Mandates Reform Act; (14) whether the 

action is subject to the Energy Act; and 

(15) whether the action is major under 

the congressional review provisions of 

the Small Business Regulatory 

Enforcement Fairness Act. If there is 

information that does not fit in the other 

categories, it will be included under a 

separate heading entitled ‘‘Additional 

Information.’’ 

For nonsignificant regulations issued 

routinely and frequently as a part of an 

established body of technical 

requirements (such as the Federal 

Aviation Administration’s Airspace 

Rules), to keep those requirements 

operationally current, we only include 

the general category of the regulations, 

the identity of a contact office or 

official, and an indication of the 

expected number of regulations; we do 

not list individual regulations. 

In the ‘‘Timetable’’ column, we use 

abbreviations to indicate the particular 

documents being considered. ANPRM 

stands for Advance Notice of Proposed 

Rulemaking, SNPRM for Supplemental 

Notice of Proposed Rulemaking, and 

NPRM for Notice of Proposed 

Rulemaking. Listing a future date in this 

column does not mean we have made a 

decision to issue a document; it is the 

earliest date on which we expect to 

make a decision on whether to issue it. 

In addition, these dates are based on 

current schedules. Information received 

subsequent to the issuance of this 

Agenda could result in a decision not to 

take regulatory action or in changes to 

proposed publication dates. For 

example, the need for further evaluation 

could result in a later publication date; 

evidence of a greater need for the 

regulation could result in an earlier 

publication date. 

Finally, a dot (•) preceding an entry 

indicates that the entry appears in the 

Agenda for the first time. 

Request for Comments 

General 

Our agenda is intended primarily for 

the use of the public. Since its 

inception, we have made modifications 

and refinements that we believe provide 

the public with more helpful 

information, as well as make the Agenda 

easier to use. We would like you, the 

public, to make suggestions or 

comments on how the Agenda could be 

further improved. 

Reviews 

We also seek your suggestions on 

which of our existing regulations you 

believe need to be reviewed to 

determine whether they should be 

revised or revoked. We particularly 

draw your attention to the Department’s 

review plan in Appendix D. In response 

to E.O. 13563 ‘‘Retrospective Review 

and Analysis of Existing Rules,’’ we 

have prepared a retrospective review 

plan providing more detail on the 

process we use to conduct reviews of 

existing rules, including changes in 

response to E.O. 13563. We provided 

the public opportunities to comment at 

regulations.gov and IdeaScale on both 

our process or any existing DOT rules 

the public thought needed review. The 

plan and the results of our review can 

be found at regs.dot.gov. 

Regulatory Flexibility Act 

The Department is especially 

interested in obtaining information on 

requirements that have a ‘‘significant 

economic impact on a substantial 

number of small entities’’ and, therefore, 

must be reviewed under the Regulatory 

Flexibility Act. If you have any 

suggested regulations, please submit 

them to us, along with your explanation 

of why they should be reviewed. 

In accordance with the Regulatory 

Flexibility Act, comments are 

specifically invited on regulations that 

we have targeted for review under 

section 610 of the Act. The phrase (sec. 

610 Review) appears at the end of the 

title for these reviews. Please see 

Appendix D for the Department’s 

section 610 review plans. 

Consultation With State, Local, and 

Tribal Governments 

Executive orders 13132 and 13175 

require us to develop an accountable 

process to ensure ‘‘meaningful and 

timely input’’ by State, local, and tribal 

officials in the development of 

regulatory policies that have federalism 

or tribal implications. These policies are 

defined in the Executive orders to 

include regulations that have 

‘‘substantial direct effects’’ on States or 

Indian tribes, on the relationship 

between the Federal Government and 

them, or on the distribution of power 

and responsibilities between the Federal 

Government and various levels of 

government or Indian tribes. Therefore, 

we encourage State and local 

governments or Indian tribes to provide 

us with information about how the 

Department’s rulemakings impact them. 

Purpose 

The Department is publishing this 

regulatory Agenda in the Federal 

Register to share with interested 

members of the public the Department’s 

preliminary expectations regarding its 

future regulatory actions. This should 

enable the public to be more aware of 

the Department’s regulatory activity and 

should result in more effective public 

participation. This publication in the 

Federal Register does not impose any 

binding obligation on the Department or 

any of the offices within the Department 

with regard to any specific item on the 

Agenda. Regulatory action, in addition 

to the items listed, is not precluded. 

Dated: September 26, 2011. 

Ray LaHood, 

Secretary of Transportation. 

Appendix A—Instructions for 

Obtaining Copies of Regulatory 

Documents 

To obtain a copy of a specific 

regulatory document in the Agenda, you 

should communicate directly with the 

contact person listed with the regulation 

at the address below. We note that most, 

if not all, such documents, including the 

Semiannual Regulatory Agenda, are 

available through the Internet at http:// 

www.regulations.gov. See Appendix C 

for more information. 

(Name of contact person), (Name of 

the DOT agency), 1200 New Jersey 

Avenue SE., Washington, DC 20590. 

(For the Federal Aviation 

Administration, substitute the following 

address: Office of Rulemaking, ARM–1, 

800 Independence Avenue SW., 

Washington, DC 20591.) 

Appendix B—General Rulemaking 

Contact Persons 

The following is a list of persons who 

can be contacted within the Department 

for general information concerning the 

rulemaking process within the various 

operating administrations. 

FAA—Rebecca MacPherson, Office of 

Chief Counsel, Regulations and 

Enforcement Division, 800 

Independence Avenue SW., Room 

915A, Washington, DC 20591; telephone 

202 267–3073. 

FHWA—Jennifer Outhouse, Office of 

Chief Counsel, 1200 New Jersey Avenue 

SE., Washington, DC 20590; telephone 

202 366–0761. 

FMCSA—Steven J. LaFreniere, 

Regulatory Ombudsman, 1200 New 


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Jersey Avenue SE., Washington, DC 

20590; telephone 202 366–0596. 

NHTSA—Steve Wood, Office of Chief 

Counsel, 1200 New Jersey Avenue SE., 

Washington, DC 20590; telephone 

202 366–2992. 

FRA—Kathryn Shelton, Office of 

Chief Counsel, 1200 New Jersey Avenue 

SE., Room W31–214, Washington, DC 

20590; telephone 202 493–6063. 

FTA—Bonnie Graves, Office of Chief 

Counsel, 1200 New Jersey Avenue SE., 

Room E56–306, Washington, DC 20590; 

telephone 202 366–0944. 

SLSDC—Carrie Mann Lavigne, Chief 

Counsel, 180 Andrews Street, Massena, 

NY 13662; telephone 315 764–3200. 

PHMSA—Patricia Burke, Office of 

Chief Counsel, 1200 New Jersey Avenue 

SE., Washington, DC 20590; telephone 

202 366–4400. 

MARAD—Christine Gurland, Office of 

Chief Counsel, Maritime 

Administration, 1200 New Jersey 

Avenue SE., Washington, DC 20590; 

telephone 202 366–5157. 

RITA—Robert Monniere, Office of 

Chief Counsel, 1200 New Jersey Avenue 

SE., Washington, DC 20590; telephone 

202 366–5498. 

OST—Neil Eisner, Office of 

Regulation and Enforcement, 1200 New 

Jersey Avenue SE., Washington, DC 

20590; telephone 202 366–4723. 

Appendix C—Public Rulemaking 

Dockets 

All comments via the Internet are 

submitted through the Federal Docket 

Management System (FDMS) at the 

following address: http:// 

www.regulations.gov. The FDMS allows 

the public to search, view, download, 

and comment on all Federal agency 

rulemaking documents in one central 

online system. The above referenced 

Internet address also allows the public 

to sign up to receive notification when 

certain documents are placed in the 

dockets. 

The public also may review regulatory 

dockets at, or deliver comments on 

proposed rulemakings to, the Dockets 

Office at 1200 New Jersey Avenue SE., 

Room W12–140, Washington, DC 20590, 

1 800 647–5527. Working Hours: 9–5. 

Appendix D—Review Plans for Section 

610 and Other Requirements 

Part I—The Plan 

General 

The Department of Transportation has 

long recognized the importance of 

regularly reviewing its existing 

regulations to determine whether they 

need to be revised or revoked. Our 1979 

Regulatory Policies and Procedures 

require such reviews. We also have 

responsibilities under Executive Order 

12866, ‘‘Regulatory Planning and 

Review,’’ and section 610 of the 

Regulatory Flexibility Act to conduct 

such reviews. This includes the use of 

plain language techniques in new rules 

and considering its use in existing rules 

when we have the opportunity and 

resources to permit its use. We are 

committed to continuing our reviews of 

existing rules and, if needed, will 

initiate rulemaking actions based on 

these reviews. 

In accordance with Executive Order 

13563, ‘‘Improving Regulation and 

Regulatory Review,’’ issued by the 

President on January 18, 2011, the 

Department has added other elements to 

its review plan. The Department has 

decided to improve its plan by adding 

special oversight processes within the 

Department; encouraging effective and 

timely reviews, including providing 

additional guidance on particular 

problems that warrant review; and 

expanding opportunities for public 

participation. These new actions are in 

addition to the other steps described in 

this Appendix. 

Section 610 Review Plan 

Section 610 requires that we conduct 

reviews of rules that (1): Have been 

published within the last 10 years, and 

(2) have a ‘‘significant economic impact 

on a substantial number of small 

entities’’ (SEIOSNOSE). It also requires 

that we publish in the Federal Register 

each year a list of any such rules that 

we will review during the next year. 

The Office of the Secretary and each of 

the Department’s Operating 

Administrations have a 10-year review 

plan. These reviews comply with 

section 610 of the Regulatory Flexibility 

Act. 

Other Review Plan(s) 

All elements of the Department, 

except for the Federal Aviation 

Administration (FAA), have also elected 

to use this 10-year plan process to 

comply with the review requirements of 

the Department’s Regulatory Policies 

and Procedures and Executive Order 

12866. 

Changes to the Review Plan 

Some reviews may be conducted 

earlier than scheduled. For example, to 

the extent resources permit, the plain 

language reviews will be conducted 

more quickly. Other events, such as 

accidents, may result in the need to 

conduct earlier reviews of some rules. 

Other factors may also result in the need 

to make changes; for example, we may 

make changes in response to public 

comment on this plan or in response to 

a Presidentially-mandated review. If 

there is any change to the review plan, 

we will note the change in the following 

Agenda. For any section 610 review, we 

will provide the required notice prior to 

the review. 

Part II—The Review Process 

The Analysis 

Generally, the agencies have divided 

their rules into 10 different groups and 

plan to analyze one group each year. For 

purposes of these reviews, a year will 

coincide with the fall-to-fall schedule 

for publication of the Agenda. Thus, 

Year 1 (2008) begins in the fall of 2008 

and ends in the fall of 2009; Year 2 

(2009) begins in the fall of 2009 and 

ends in the fall of 2010, and so on. We 

request public comment on the timing 

of the reviews. For example, is there a 

reason for scheduling an analysis and 

review for a particular rule earlier than 

we have? Any comments concerning the 

plan or particular analyses should be 

submitted to the regulatory contacts 

listed in Appendix B, General 

Rulemaking Contact Persons. 

Section 610 Review 

The agency will analyze each of the 

rules in a given year’s group to 

determine whether any rule has a 

SEIOSNOSE and, thus, requires review 

in accordance with section 610 of the 

Regulatory Flexibility Act. The level of 

analysis will, of course, depend on the 

nature of the rule and its applicability. 

Publication of agencies’ section 610 

analyses listed each fall in this Agenda 

provides the public with notice and an 

opportunity to comment consistent with 

the requirements of the Regulatory 

Flexibility Act. We request that public 

comments be submitted to us early in 

the analysis year concerning the small 

entity impact of the rules to help us in 

making our determinations. 

In each fall Agenda, the agency will 

publish the results of the analyses it has 

completed during the previous year. For 

rules that had a negative finding on 

SEIOSNOSE, we will give a short 

explanation (e.g., ‘‘these rules only 

establish petition processes that have no 

cost impact’’ or ‘‘these rules do not 

apply to any small entities’’). For parts, 

subparts, or other discrete sections of 

rules that do have a SEIOSNOSE, we 

will announce that we will be 

conducting a formal section 610 review 

during the following 12 months. At this 

stage, we will add an entry to the 

Agenda in the prerulemaking section 

describing the review in more detail. We 

also will seek public comment on how 

best to lessen the impact of these rules 

and provide a name or docket to which 


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public comments can be submitted. In 

some cases, the section 610 review may 

be part of another unrelated review of 

the rule. In such a case, we plan to 

clearly indicate which parts of the 

review are being conducted under 

section 610. 

Other Reviews 

The agency will also examine the 

specified rules to determine whether 

any other reasons exist for revising or 

revoking the rule or for rewriting the 

rule in plain language. In each fall 

Agenda, the agency will also publish 

information on the results of the 

examinations completed during the 

previous year. 

The FAA, in addition to reviewing its 

rules in accordance with the section 610 

Review Plan, has established a triannual process to comply with the 

review requirements of the 

Department’s Regulatory Policies and 

Procedures, Executive Order 12866, and 

Plain Language Review Plan. The FAA’s 

latest review notice was published 

November 15, 2007 (72 FR 64170). In 

that notice, the FAA requested 

comments from the public to identify 

those regulations currently in effect that 

it should amend, remove, or simplify. 

The FAA also requested the public to 

provide any specific suggestions where 

rules could be developed as 

performance-based rather than 

prescriptive, and any specific plain 

language that might be used, and 

provide suggested language on how 

those rules should be written. The FAA 

will review the issues addressed by the 

commenters against its regulatory 

agenda and rulemaking program efforts 

and adjust its regulatory priorities 

consistent with its statutory 

responsibilities. At the end of this 

process, the FAA will publish a 

summary and general disposition of 

comments and indicate, where 

appropriate, how it will adjust its 

regulatory priorities. 

Part III—List of Pending Section 610 

Reviews 

The Agenda identifies the pending 

DOT section 610 Reviews by inserting 

‘‘(Section 610 Review),’’ after the title 

for the specific entry. For further 

information on the pending reviews, see 

the Agenda entries at www.reginfo.gov. 

For example, to obtain a list of all 

entries that are section 610 Reviews 

under the Regulatory Flexibility Act, a 

user would select the desired responses 

on the search screen (by selecting 

‘‘advanced search’’) and, in effect, 

generate the desired ‘‘index’’ of reviews. 

Office of the Secretary 

SECTION 610 AND OTHER REVIEWS

Year Regulations To Be Reviewed Analysis Year Review Year 

1 ........................ 49 CFR parts 91 through 99 and 14 CFR parts 200 through 212 .................................. 2008 2009

2 ........................ 48 CFR parts 1201 through 1253 and new parts and subparts ...................................... 2009 2010 

3 ........................ 14 CFR parts 213 through 232 ........................................................................................ 2010 2011 

4 ........................ 14 CFR parts 234 through 254 ........................................................................................ 2011 2012 

5 ........................ 14 CFR parts 255 through 298 and 49 CFR part 40 ....................................................... 2012 2013 

6 ........................ 14 CFR parts 300 through 373 ........................................................................................ 2013 2014 

7 ........................ 14 CFR parts 374 through 398 ........................................................................................ 2014 2015 

8 ........................ 14 CFR part 399 and 49 CFR parts 1 through 11 ........................................................... 2015 2016 

9 ........................ 49 CFR parts 17 through 28 ............................................................................................ 2016 2017 

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

Year 1 (Fall 2008) List of Rules With 

Ongoing Analysis 

49 CFR part 91—International Air 

Transportation Fair Competitive 

Practices 

49 CFR part 92—Recovering Debts to the 

United States by Salary Offset 

49 CFR part 95—Advisory Committees 

49 CFR part 98—Enforcement of 

Restrictions on Post-Employment 

Activities 

49 CFR part 99—Employee 

Responsibilities and Conduct 

14 CFR part 200—Definitions and 

Instructions 

14 CFR part 201—Air Carrier Authority 

Under Subtitle VII of Title 49 of the 

United States Code [Amended] 

14 CFR part 203—Waiver of Warsaw 

Convention Liability Limits and 

Defenses 

14 CFR part 204—Data to Support 

Fitness Determinations 

14 CFR part 205—Aircraft Accident 

Liability Insurance 

14 CFR part 206—Certificates of Public 

Convenience and Necessity: Special 

Authorizations and Exemptions 

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

Scheduled Air Carriers 

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

Charter Air Carriers 

14 CFR part 211—Applications for 

Permits to Foreign Air Carriers 

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

and Foreign Direct Air Carriers 

Year 3 (Fall 2010) List of Rules With 

Ongoing Analysis 

14 CFR part 213—Terms, Conditions, 

and Limitations of Foreign Air 

Carrier Permits 

14 CFR part 214—Terms, Conditions, 

and Limitations of Foreign Air 

Carrier Permits Authorizing Charter 

Transportation Only 

14 CFR part 215—Use and Change of 

Names of Air Carriers, Foreign Air 

Carriers, and Commuter Air Carriers 

14 CFR part 216—Comingling of Blind 

Sector Traffic by Foreign Air 

Carriers 

14 CFR part 217—Reporting Traffic 

Statistics by Foreign Air Carriers in 

Civilian Scheduled, Charter, and 

Nonscheduled Services 

14 CFR part 218—Lease by Foreign Air 

Carrier or Other Foreign Person of 

Aircraft With Crew 

14 CFR part 221—Tariffs 

14 CFR part 222—Intermodal Cargo 

Services by Foreign Air Carriers 

14 CFR part 223—Free and ReducedRate Transportation 

14 CFR part 232—Transportation of 

Mail, Review of Orders of 

Postmaster General 

Year 4 (Fall 2011) List of Rules To Be 

Analyzed During the Next Year 

14 CFR part 234—Airline Service 

Quality Performance Reports 

14 CFR part 240—Inspection of 

Accounts and Property 

14 CFR part 241—Uniform System of 

Accounts and Reports for Large 

Certificated Air Carriers 

14 CFR part 243—Passenger Manifest 

Information 

14 CFR part 247—Direct Airport-toAirport Mileage Records 

14 CFR part 248—Submission of Audit 

Reports 

14 CFR part 249—Preservation of Air 

Carrier Records 

14 CFR part 250—Oversales 

14 CFR part 251—Smoking Aboard 

Aircraft 

14 CFR part 253—Notice of Terms of 

Contract of Carriage 


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14 CFR part 254—Domestic Baggage 

Liability 

Federal Aviation Administration 

Section 610 Review Plan 

The FAA has elected to use the twostep, two-year process used by most 

DOT modes in past plans. As such, the 

FAA has divided its rules into 10 groups 

as displayed in the table below. During 

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

rules published during the previous 10 

years within a 10% block of the 

regulations will be analyzed to identify 

those with a SEIOSNOSE. During the 

second year (the ‘‘review year’’), each 

rule identified in the analysis year as 

having a SEIOSNOSE will be reviewed 

in accordance with section 610(b) to 

determine if it should be continued 

without change or changed to minimize 

impact on small entities. Results of 

those reviews will be published in the 

DOT Semiannual Regulatory Agenda. 

Year Regulations To Be Reviewed Analysis Year Review Year 

1 ........................ 14 CFR parts 119 through 129 and parts 150 through 156 ............................................ 2008 2009 

2 ........................ 14 CFR parts 133 through 139 and parts 157 through 169 ............................................ 2009 2010 

3 ........................ 14 CFR parts 141 through 147 and parts 170 through 187 ............................................ 2010 2011 

4 ........................ 14 CFR parts 189 through 198 and parts 1 through 16 .................................................. 2011 2012 

5 ........................ 14 CFR parts 17 through 33 ............................................................................................ 2012 2013 

6 ........................ 14 CFR parts 34 through 39 and parts 400 through 405 ................................................ 2013 2014 

7 ........................ 14 CFR parts 43 through 49 and parts 406 through 415 ................................................ 2014 2015 

8 ........................ 14 CFR parts 60 through 77 ............................................................................................ 2015 2016 

9 ........................ 14 CFR parts 91 through 105 .......................................................................................... 2016 2017 

10 ...................... 14 CFR parts 417 through 460 ........................................................................................ 2017 2018 

Year 5 (Fall 2012) List of Rules To Be 

Analyzed During the Next Year 

14 CFR part 17—Procedures for Protests 

and Contracts Disputes 

14 CFR part 21—Certification 

Procedures for Products and Parts 

14 CFR part 23—Airworthiness 

Standards: Normal, Utility, 

Acrobatic, and Commuter Category 

Airplanes 

14 CFR part 25—Airworthiness 

Standards: Transport Category 

Airplanes 

14 CFR part 26—Continued 

Airworthiness and Safety 

Improvements for Transport 

Category Airplanes 

14 CFR part 27—Airworthiness 

Standards: Normal Category 

Rotorcraft 

14 CFR part 29—Airworthiness 

Standards: Transport Category 

Rotorcraft 

14 CFR part 31—Airworthiness 

Standards: Manned Free Balloons 

14 CFR part 33—Airworthiness 

Standards: Aircraft Engines 

Year 4 (Fall 2011) List of Rules 

Analyzed and Summary of Results 

14 CFR Part 189—Use of Federal 

Aviation Administration 

Communications System 

• Section 610: The agency conducted 

a section 610 review of this part and 

found no SEIOSNOSE. 

• General: No changes are needed. 

These regulations are cost effective 

and impose the least burden. FAA’s 

plain language review of these rules 

indicates no need for substantial 

revision. 

14 CFR part 193—Protection of 

Voluntarily Submitted Information 

• Section 610: The agency conducted 

a section 610 review of this part and 

found no SEIOSNOSE. 

• General: No changes are needed. 

These regulations are cost effective 

and impose the least burden. FAA’s 

plain language review of these rules 

indicates no need for substantial 

revision. 

14 CFR part 198—Aviation Insurance 

• Section 610: The agency conducted 

a section 610 review of this part and 

found no SEIOSNOSE. 

• General: No changes are needed. 

These regulations are cost effective 

and impose the least burden. FAA’s 

plain language review of these rules 

indicates no need for substantial 

revision. 

14 CFR part 1—Definitions and 

Abbreviations 

• Section 610: The agency conducted 

a section 610 review of this part and 

found no SEIOSNOSE. 

• General: No changes are needed. 

These regulations are cost effective 

and impose the least burden. FAA’s 

plain language review of these rules 

indicates no need for substantial 

revision. 

14 CFR part 3—General Requirements 

• Section 610: The agency conducted 

a section 610 review of this part and 

found no SEIOSNOSE. 

• General: No changes are needed. 

These regulations are cost effective 

and impose the least burden. FAA’s 

plain language review of these rules 

indicates no need for substantial 

revision. 

14 CFR part 11—General Rulemaking 

Procedures 

• Section 610: The agency conducted 

a section 610 review of this part and 

found no SEIOSNOSE. 

• General: No changes are needed. 

These regulations are cost effective 

and impose the least burden. FAA’s 

plain language review of these rules 

indicates no need for substantial 

revision. 

14 CFR part 13—Investigative and 

Enforcement Procedures 

• Section 610: The agency conducted 

a section 610 review of this part and 

found no SEIOSNOSE. 

• General: No changes are needed. 

These regulations are cost effective 

and impose the least burden. FAA’s 

plain language review of these rules 

indicates no need for substantial 

revision. 

14 CFR part 14—Rules Implementing 

the Equal Access to Justice Act of 

1980 

• Section 610: The agency conducted 

a section 610 review of this part and 

found no SEIOSNOSE. 

• General: No changes are needed. 

These regulations are cost effective 

and impose the least burden. FAA’s 

plain language review of these rules 

indicates no need for substantial 

revision. 

14 CFR part 15—Administrative Claims 

Under Federal Tort Claims Act 

• Section 610: The agency conducted 

a section 610 review of this part and 

found no SEIOSNOSE. 

• General: No changes are needed. 

These regulations are cost effective 

and impose the least burden. FAA’s 

plain language review of these rules 

indicates no need for substantial 

revision. 

14 CFR part 16—Rules of Practice for 

Federally-Assisted Airport 

Enforcement Proceedings 

• Section 610: The agency conducted 

a section 610 review of this part and 

found no SEIOSNOSE. 

• General: No changes are needed. 

These regulations are cost effective 

and impose the least burden. FAA’s 


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plain language review of these rules 

indicates no need for substantial 

revision. 

Federal Highway Administration 

Federal Highway Administration 

SECTION 610 AND OTHER REVIEWS

Year Regulations To Be Reviewed Analysis Year Review Year 

1 ........................ None ................................................................................................................................. 2008 2009 

2 ........................ 23 CFR parts 1 to 260 ...................................................................................................... 2009 2010 

3 ........................ 23 CFR parts 420 to 470 .................................................................................................. 2010 2011 

4 ........................ 23 CFR part 500 ............................................................................................................... 2011 2012 

5 ........................ 23 CFR parts 620 to 637 .................................................................................................. 2012 2013 

6 ........................ 23 CFR parts 645 to 669 .................................................................................................. 2013 2014 

7 ........................ 23 CFR 710 to 924 ........................................................................................................... 2014 2015 

8 ........................ 23 CFR 940 to 973 ........................................................................................................... 2015 2016 

9 ........................ 23 CFR parts 1200 to 1252 .............................................................................................. 2016 2017 

10 ...................... New parts and subparts ................................................................................................... 2017 2018 

Federal-Aid Highway Program 

The FHWA has adopted regulations in 

title 23 of the CFR, chapter I, related to 

the Federal-Aid Highway Program. 

These regulations implement and carry 

out the provisions of Federal law 

relating to the administration of Federal 

aid for highways. The primary law 

authorizing Federal aid for highways is 

chapter I of title 23 of the U.S.C. section 

145 of title 23 expressly provides for a 

federally assisted State program. For 

this reason, the regulations adopted by 

the FHWA in title 23 of the CFR 

primarily relate to the requirements that 

States must meet to receive Federal 

funds for the construction and other 

work related to highways. Because the 

regulations in title 23 primarily relate to 

States, which are not defined as small 

entities under the Regulatory Flexibility 

Act, the FHWA believes that its 

regulations in title 23 do not have a 

significant economic impact on a 

substantial number of small entities. 

The FHWA solicits public comment on 

this preliminary conclusion. 

Year 3 (Fall 2010) List of Rules 

Analyzed and a Summary of Results 

23 CFR part 420—Planning and 

Research Program Administration 

• Section 610: No SEIOSNOSE. No 

small entities are affected. 

• General: No changes are needed. 

These regulations are cost effective 

and impose the least burden. 

FHWA’s plain language review of 

these rules indicates no need for 

substantial revision. 

23 CFR part 450—Planning Assistance 

and Standards 

• Section 610: No SEIOSNOSE. No 

small entities are affected. 

• General: No changes are needed. 

These regulations are cost effective 

and impose the least burden. 

FHWA’s plain language review of 

these rules indicates no need for 

substantial revision. 

23 CFR part 460—Public Road Mileage 

for Apportionment of Highway 

Safety Funds 

• Section 610: No SEIOSNOSE. No 

small entities are affected. 

• General: No changes are needed. 

These regulations are cost effective 

and impose the least burden. 

FHWA’s plain language review of 

these rules indicates no need for 

substantial revision. 

23 CFR part 470—Highway Systems 

• Section 610: No SEIOSNOSE. No 

small entities are affected. 

• General: No changes are needed. 

These regulations are cost effective 

and impose the least burden. 

FHWA’s plain language review of 

these rules indicates no need for 

substantial revision. 

Year 4 (Fall 2011) List of Rules That 

Will Be Analyzed During the Next Year 

23 CFR part 500—Management and 

Monitoring Systems 

Federal Motor Carrier Safety 

Administration 

SECTION 610 AND OTHER REVIEWS

Year Regulations To Be Reviewed Analysis Year Review Year 

1 ........................ 49 CFR parts 372, subpart A, and 381 ............................................................................ 2008 2009 

2 ........................ 49 CFR parts 386, 389, and 395 ..................................................................................... 2009 2010 

3 ........................ 49 CFR parts 325, 388, 350, and 355 ............................................................................. 2010 2011 

4 ........................ 49 CFR parts 390 to 393 and 396 to 399 ........................................................................ 2011 2012 

5 ........................ 49 CFR parts 380 and 382 to 385 ................................................................................... 2012 2013 

6 ........................ 49 CFR parts 356, 367, 369 to 371, 372, subparts B–C ................................................. 2013 2014 

7 ........................ 49 CFR parts 373, 374, 376, and 379 ............................................................................. 2014 2015 

8 ........................ 49 CFR parts 360, 365, 366, and 368 ............................................................................. 2015 2016 

9 ........................ 49 CFR parts 377, 378, and 387 ..................................................................................... 2016 2017 

10 ...................... 49 CFR parts 303, 375, and new parts and subparts ..................................................... 2017 2018 

Year 1 (Fall 2008) List of Rules 

Analyzed and a Summary of Results 

49 CFR part 372, subpart A— 

Exemptions 

• Section 610: There is no 

SEIOSNOSE. No small entities are 

affected. 

• General: No changes are needed. 

These regulations are cost effective 

and impose the least burden. 

FMCSA’s plain language review of 

these rules indicates no need for 

substantial revision. 

49 CFR part 381—Waivers, Exemptions, 

and Pilot Programs 

• Section 610: There is no 

SEIOSNOSE. No small entities are 

affected. 

• General: These regulations are cost 

effective and impose the least 


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burden. FMCSA’s plain language 

review of these rules indicates no 

need for substantial revision. 

Year 2 (Fall 2009) List of Rules 

Analyzed and a Summary of Results 

49 CFR part 386—Rules of Practice for 

Motor Carrier, Broker, Freight 

Forwarder, and Hazardous 

Materials Proceedings 

• Section 610: There is SEIOSNOSE, 

as a significant number of small 

entities are affected by fees 

associated with litigation under 

subpart D (see below). It was found 

that the cost of a formal hearing to 

appeal a decision may have a 

significant impact on small firms. 

• Subpart D, ‘‘General Rules and 

Hearings,’’ addresses, in 

considerable detail, rules and 

procedures for the conduct of 

formal hearings. As noted above, 

formal hearings before an 

Administrative Law Judge (ALJ) 

consider medical-disqualification 

cases under section 391.47, as well 

as cases where a Notice of Claim 

(NOC) has been issued, and the 

respondent has asked for a formal 

hearing or the Assistant 

Administrator has ordered one. The 

principal economic impact of part 

386 is the cost to a small firm of 

defending itself under these 

procedures. 

• General: The agency will assess the 

need for changes once the review of 

these regulations is complete. 

FMCSA’s plain language review of 

these regulations indicates no need 

for substantial revision. 

49 CFR part 395—Hours of Service of 

Drivers 

• Based on the legal agreement among 

the litigants approved by the Court, 

the final rule is set to publish on 

October 28, 2011. 

Year 2 (Fall 2009) List of Rules With 

Ongoing Analysis 

49 CFR part 389—Rulemaking 

Procedures—Federal Motor Carrier 

Safety Regulations 

Year 3 (Fall 2010) List of Rules That 

Will Be Analyzed During the Next Year 

49 CFR part 325—Compliance With 

Interstate Motor Carrier Noise 

Emission—amended 

49 CFR part 388—Cooperative 

Agreements With States—in process 

49 CFR part 350—Commercial Motor 

Carrier Safety Assistance Program— 

in process 

49 CFR part 355—Compatibility of State 

Laws and Regulations Affecting 

Interstate Motor Carrier 

Operations—in process 

Year 4 (Fall 2011) List of Rule(s) That 

Will Be Analyzed This Year 

49 CFR part 390—Definition of 

Commercial Motor Vehicle (CMV)- 

Requirements for Operators of 

Small Passenger—Carrying CMVs. 

• This rule has been moved up in the 

queue, as it was singled out by 

stakeholders at USDOT’s 

Retrospective Review and Analysis 

(Executive Order 13563). The 

rule(s) originally slated for review 

were moved to the next year. 

National Highway Traffic Safety 

Administration 

SECTION 610 AND OTHER REVIEWS

Year Regulations To Be Reviewed Analysis Year Review Year 

1 ........................ 49 CFR 571.223 through 571.500, and parts 575 and 579 ............................................. 2008 2009 

2 ........................ 23 CFR parts 1200 through 1300 .................................................................................... 2009 2010 

3 ........................ 49 CFR parts 501 through 526 and 571.213 ................................................................... 2010 2011 

4 ........................ 49 CFR 571.131, 571.217, 571.220, 571.221, and 571.222 ........................................... 2011 2012 

5 ........................ 49 CFR 571.101 through 571.110, and 571.135, 571.138 and 571.139 ......................... 2012 2013 

6 ........................ 49 CFR parts 529 through 578, except parts 571 and 575 ............................................. 2013 2014 

7 ........................ 49 CFR 571.111 through 571.129 and parts 580 through 588 ....................................... 2014 2015 

8 ........................ 49 CFR 571.201 through 571.212 .................................................................................... 2015 2016 

9 ........................ 49 CFR 571.214 through 571.219, except 571.217 ......................................................... 2016 2017 

10 ...................... 49 CFR parts 591 through 595 and new parts and subparts .......................................... 2017 2018 

Year 3 (Fall 2010) List of Rules 

Analyzed and a Summary of the 

Results 

49 CFR part 501—Organization and 

Delegation of Powers and Duties 

• Section 610: There is no 

SEIOSNOSE. 

• General: No changes are needed. 

These regulations impose the least 

burden. NHTSA’s plain language 

review of these rules indicates no 

need for substantial revision. 

49 CFR part 509—OMB Control 

Numbers for Information Collection 

Requirements 

• Section 610: There is no 

SEIOSNOSE. 

• General: No changes are needed. 

These regulations impose the least 

burden. NHTSA’s plain language 

review of these rules indicates no 

need for substantial revision. 

49 CFR part 510—Information Gathering 

Powers 

• Section 610: There is no 

SEIOSNOSE. 

• General: No changes are needed. 

These regulations impose the least 

burden. NHTSA’s plain language 

review of these rules indicates no 

need for substantial revision. 

49 CFR part 511—Adjudicative 

Procedures 

• Section 610: There is no 

SEIOSNOSE. 

• General: No changes are needed. 

These regulations impose the least 

burden. NHTSA’s plain language 

review of these rules indicates no 

need for substantial revision. 

49 CFR part 512—Confidential Business 

Information 

• Section 610: There is no 

SEIOSNOSE. 

• General: No changes are needed. 

These regulations impose the least 

burden. NHTSA’s plain language 

review of these rules indicates no 

need for substantial revision. 

49 CFR part 520—Procedures for 

Considering Environmental Impacts 

• Section 610: There is no 

SEIOSNOSE. 

• General: No changes are needed. 

These regulations impose the least 

burden. NHTSA’s plain language 

review of these rules indicates no 

need for substantial revision. 

49 CFR part 523—Vehicle Classification 

• Section 610: There is no 

SEIOSNOSE. 

• General: No changes are needed. 

These regulations impose the least 

burden. NHTSA’s plain language 

review of these rules indicates no 

need for substantial revision. 

49 CFR part 525—Exemptions From 

Average Fuel Economy Standards 


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• Section 610: There is no 

SEIOSNOSE. 

• General: No changes are needed. 

These regulations are cost effective 

and impose the least burden. 

NHTSA’s plain language review of 

these rules indicates no need for 

substantial revision. 

49 CFR part 526—Petitions and Plans 

for Relief Under the Automobile 

Fuel Efficiency Act of 1980 

• Section 610: There is no 

SEIOSNOSE. 

• General: No changes are needed. 

These regulations impose the least 

burden. NHTSA’s plain language 

review of these rules indicates no 

need for substantial revision. 

49 CFR 571.213—Child Restraint 

Systems 

• Section 610: There is no 

SEIOSNOSE. 

• General: No changes are needed. 

These regulations are cost effective 

and impose the least burden. 

NHTSA’s plain language review of 

these rules indicates no need for 

substantial revision. This standard 

is constantly reviewed by NHTSA 

as well as child restraint 

manufacturers and child safety 

activists. 

Year 4 (Fall 2011) List of Rules That 

Will Be Analyzed During the Next Year 

49 CFR 571.131—School Bus Pedestrian 

Safety Devices 

49 CFR 571.217—Bus Emergency Exits 

and Window Retention and Release 

49 CFR 571.220—School Bus Rollover 

Protection 

49 CFR 571.221—School Bus Body Joint 

Strength 

49 CFR 571.222—School Bus Passenger 

Seating and Crash Protection 

Federal Railroad Administration 

SECTION 610 AND OTHER REVIEWS

Year Regulations To Be Reviewed Analysis Year Review Year 

1 ........................ 49 CFR parts 200 and 201 ............................................................................................... 2008 2009 

2 ........................ 49 CFR parts 207, 209, 211, 215, 238, and 256 ............................................................. 2009 2010 

3 ........................ 49 CFR parts 210, 212, 214, 217, and 268 ..................................................................... 2010 2011 

4 ........................ 49 CFR part 219 ............................................................................................................... 2011 2012 

5 ........................ 49 CFR parts 218, 221, 241, and 244 ............................................................................. 2012 2013 

6 ........................ 49 CFR parts 216, 228, and 229 ..................................................................................... 2013 2014 

7 ........................ 49 CFR parts 223 and 233 ............................................................................................... 2014 2015 

8 ........................ 49 CFR parts 224, 225, 231, and 234 ............................................................................. 2015 2016 

9 ........................ 49 CFR parts 222, 227, 235, 236, 250, 260, and 266 ..................................................... 2016 2017 

10 ...................... 49 CFR parts 213, 220, 230, 232, 239, 240, and 265 ..................................................... 2017 2018 

Year 3 (Fall 2010) List of Rules 

Analyzed and a Summary of Results 

49 CFR part 210—Railroad Noise 

Emission Compliance Regulations 

• Section 610: There is no 

SEIOSNOSE. 

• General: No changes are needed. 

These regulations are cost effective 

and impose the least burden. FRA’s 

plain language review of this rule 

indicates no need for substantial 

revision. 

49 CFR part 212—State Safety 

Participation Regulations 

• Section 610: There is no 

SEIOSNOSE. 

• General: No changes are needed. 

These regulations are cost effective 

and impose the least burden. FRA’s 

plain language review of this rule 

indicates no need for substantial 

revision. 

49 CFR part 214—Railroad Workplace 

Safety 

• Section 610: There is a 

SEIOSNOSE. 

• General: FRA will conduct a formal 

review to identify measures that 

may reduce the burden on small 

railroads without compromising 

safety standards. FRA’s plain 

language review of this rule 

indicates no need for substantial 

revision. 

49 CFR part 217—Railroad Operating 

Rules 

• Section 610: There is no 

SEIOSNOSE. 

• General: No changes are needed. 

These regulations are cost effective 

and impose the least burden. FRA’s 

plain language review of this rule 

indicates no need for substantial 

revision. 

49 CFR part 268—Magnetic Levitation 

Transportation Technology 

Deployment Program 

• Section 610: There is no 

SEIOSNOSE. 

• General: No changes are needed. 

These regulations are cost effective 

and impose the least burden. FRA’s 

plain language review of this rule 

indicates no need for substantial 

revision. 

Year 4 (Fall 2011) List of Rule(s) That 

Will Be Analyzed During Next Year 

49 CFR part 219—Control of alcohol and 

drug use 

Federal Transit Administration 

SECTION 610 AND OTHER REVIEWS

Year Regulations To Be Reviewed Analysis Year Review Year 

1 ........................ 49 CFR parts 604, 605, and 633 ..................................................................................... 2008 2009 

2 ........................ 49 CFR parts 661 and 665 ............................................................................................... 2009 2010 

3 ........................ 49 CFR part 633 ............................................................................................................... 2010 2011 

4 ........................ 49 CFR parts 609 and 611 ............................................................................................... 2011 2012 

5 ........................ 49 CFR parts 613 and 614 ............................................................................................... 2012 2013 

6 ........................ 49 CFR part 622 ............................................................................................................... 2013 2014 

7 ........................ 49 CFR part 630 ............................................................................................................... 2014 2015 

8 ........................ 49 CFR part 639 ............................................................................................................... 2015 2016 

9 ........................ 49 CFR parts 659 and 663 ............................................................................................... 2016 2017 

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


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Year 3 (Fall 2010) List of Rules 

Analyzed and Summary of Results 

49 CFR part 633—Capital Project 

Management 

• Section 610: The agency has 

determined that the rule will not 

have a significant effect on a 

substantial number of small 

entities. 

• General: The agency intends to 

issue a new rule to articulate the 

roles and responsibilities of FTA’s 

capital project management 

contractors. The amended rule will 

adhere to plain language 

techniques. 

Year 3 (Fall 2010) List of Rules With 

Ongoing Analysis 

49 CFR part 605—School Bus 

Operations 

Year 4 (Fall 2011) List of Rules 

Analyzed and Summary of Results 

49 CFR part 611—Major Capital 

Investment Projects 

• Section 610: The agency has 

determined that the rule will not 

have a significant effect on a 

substantial number of small 

entities. 

• General: The agency intends to 

amend the rule to make it 

consistent with the current statute. 

The amended rule will be written in 

plain language. 

Year 4 (Fall 2011) List of Rules That 

Will Be Analyzed in the Next Year 

49 CFR part 609—Transportation for 

Elderly and Handicapped Persons 

Maritime Administration 

SECTION 610 AND OTHER REVIEWS

Year Regulations To Be Reviewed Analysis Year Review Year 

1 ........................ 46 CFR parts 201 through 205 ........................................................................................ 2008 2009 

2 ........................ 46 CFR parts 221 through 232 ........................................................................................ 2009 2010 

3 ........................ 46 CFR parts 249 through 296 ........................................................................................ 2010 2011 

4 ........................ 46 CFR parts 221, 298, 308, and 309 ............................................................................. 2011 2012 

5 ........................ 46 CFR parts 307 through 309 ........................................................................................ 2012 2013 

6 ........................ 46 CFR part 310 ............................................................................................................... 2013 2014 

7 ........................ 46 CFR parts 315 through 340 ........................................................................................ 2014 2015 

8 ........................ 46 CFR parts 345 through 381 ........................................................................................ 2015 2016 

9 ........................ 46 CFR parts 382 through 389 ........................................................................................ 2016 2017 

10 ...................... 46 CFR parts 390 through 393 ........................................................................................ 2017 2018 

Year 3 (Fall 2010) List of Rules With 

Ongoing Analysis 

46 CFR part 381—Cargo Preference— 

U.S.-Flag Vessels 

46 CFR part 383—Cargo Preference— 

Compromise, Assessment, 

Mitigation, Settlement & Collection 

of Civil Penalties 

Year 3 (Fall 2010) List of Rules 

Analyzed and Summary of Results 

46 CFR part 251—Application for 

Subsidies and Other Direct 

Financial Aid 

• Section 610: No SEIOSNOSE. No 

economic impact to small entities. 

• General: Yes, changes are needed. 

This regulation is obsolete and 

should therefore be deleted from 

the regulations. 

46 CFR part 252—Operating-Differential 

Subsidy for Bulk Cargo Vessels 

Engaged in Worldwide Services 

• Section 610: No SEIOSNOSE. No 

economic impact to small entities. 

• General: Yes, changes are needed. 

This regulation is obsolete and 

should therefore be deleted from 

the regulations. 

46 CFR part 276—ConstructionDifferential Subsidy Repayment 

• Section 610: No SEIOSNOSE. No 

economic impact to small entities. 

• General: Yes, changes are needed. 

This regulation is obsolete and 

should therefore be deleted from 

the regulations. 

46 CFR part 280—Limitations on the 

Award and Payment of OperatingDifferential Subsidy for Liner 

Operators 

• Section 610: No SEIOSNOSE. No 

economic impact to small entities. 

• General: Yes, changes are needed. 

This regulation is obsolete and 

should therefore be deleted from 

the regulations. 

46 CFR part 281—Information and 

Procedure Required under Liner 

Operating-Differential Subsidy 

Agreements 

• Section 610: No SEIOSNOSE. No 

economic impact to small entities. 

• General: Yes, changes are needed. 

This regulation is obsolete and 

should therefore be deleted from 

the regulations. 

46 CFR part 282—Operating-Differential 

Subsidy for Liner Vessels Engaged 

in Essential Services in the Foreign 

Commerce of the United States 

• Section 610: No SEIOSNOSE. No 

economic impact to small entities. 

• General: Yes, changes are needed. 

This regulation is obsolete and 

should therefore be deleted from 

the regulations. 

46 CFR part 283—Dividend Policy for 

Operators Receiving OperatingDifferential Subsidy 

• Section 610: No SEIOSNOSE. No 

economic impact to small entities. 

• General: Yes, changes are needed. 

This regulation is obsolete and 

should therefore be deleted from 

the regulations. 

46 CFR part 327—Administrative 

Claims 

• Section 610: No SEIOSNOSE. No 

economic impact to small entities. 

• General: Yes, changes are needed. 

This regulation is being revised to 

clarify the administrative claims 

process. It has been drafted using 

plain language techniques. 

Year 4 (Fall 2011) List of Rules That 

Will Be Analyzed During the Next Year 

46 CFR part 221—Foreign Transfer 

Regulations 

46 CFR part 249—Approval of 

Underwriters for Marine Hull 

Insurance 

46 CFR part 272—Requirements and 

Procedures for Conducting 

Condition Surveys and 

Administering Maintenance and 

Repair Subsidy 

46 CFR part 287—Establishment of 

Construction Reserve Funds 

46 CFR part 289—Insurance of 

Construction-Differential Subsidy 

Vessels, Operating-Differential 

Subsidy Vessels, and of Vessels 

Sold or Adjusted Under the 

Merchant Ship Sales Act of 1946 

46 CFR part 295—Maritime Security 

Program (MSP) 

46 CFR part 296—Maritime Security 

Program (MSP) 

46 CFR part 308—War Risk Insurance 

46 CFR part 309—War Risk Ship 

Valuation 

Pipeline and Hazardous Materials 

Safety Administration (PHMSA) 


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SECTION 610 AND OTHER REVIEWS

Year Regulations To Be Reviewed Analysis Year Review Year 

1 ........................ 49 CFR part 178 ............................................................................................................... 2008 2009 

2 ........................ 49 CFR parts 178 through 180 ........................................................................................ 2009 2010 

3 ........................ 49 CFR parts 172 and 175 ............................................................................................... 2010 2011 

4 ........................ 49 CFR part 171, sections 171.15 and 171.16 ................................................................ 2011 2012 

5 ........................ 49 CFR parts 106, 107, 171, 190, and 195 ..................................................................... 2012 2013 

6 ........................ 49 CFR parts 174, 177, 191, and 192 ............................................................................. 2013 2014 

7 ........................ 49 CFR parts 176 and 199 ............................................................................................... 2014 2015 

8 ........................ 49 CFR parts 172 through 178 ........................................................................................ 2015 2016 

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

10 ...................... 49 CFR parts 173 and 194 ............................................................................................... 2017 2018 

Year 4 (Fall 2011) List of Rules That 

Will Be Analyzed During the Next Year 

49 CFR section 171.15—Immediate 

Notice of Certain Hazardous 

Materials Incidents 

49 CFR section 171.16—Detailed 

Hazardous Materials Incident 

Reports 

Year 3 (Fall 2010) List of Rules 

Analyzed and a Summary of Results 

49 CFR part 172—Hazardous Materials 

Table, Special Provisions, 

Hazardous Materials 

Communications, Emergency 

Response Information, Training 

Requirements, and Security Plans. 

• Section 610: There is no 

SEIOSNOSE. A substantial number 

of small entities may be affected by 

this rule, but the economic impact 

on those entities is not significant. 

• Plain Language: PHMSA’s plain 

language review of this rule 

indicates no need for substantial 

revision. Where confusing or wordy 

language has been identified, 

revisions have been and will be 

made to simplify. 

• General: This rule prescribes 

minimum requirements for the 

communication of risks associated 

with materials classed as hazardous 

in accordance with the Hazardous 

Materials Regulations (HMR; 49 

CFR parts 171–180). The rule also 

includes security planning and 

training requirements for the safe 

and secure transportation of 

hazardous materials in commerce. 

On March 9, 2010, PHMSA 

published a final rule entitled 

‘‘Risk-Based Adjustment of 

Transportation Security Plan 

Requirements’’ (75 FR 10974). 

PHMSA determined that 10,119 

entities would no longer be subject 

to current security plan and 

associated in-depth training 

requirements. The annual benefit 

resulting from the final rule is 

estimated to be about $3.6 million– 

$2.8 million in avoided costs 

related to development of security 

plans and $0.8 million in costs 

savings for associated training. 49 

CFR part 175—Carriage by Aircraft 

• Section 610: There is no 

SEIOSNOSE. This rule prescribes 

minimum safety standards for the 

transportation of hazardous 

materials aboard aircraft. Some 

small entities may be affected, but 

the economic impact on small 

entities will not be significant. 

• Plain Language: PHMSA’s plain 

language review of this rule 

indicates no need for substantial 

revision. 

• General: The requirements in this 

rule are necessary to protect air 

transportation workers and the 

traveling public from the dangers 

associated with hazardous materials 

incidents aboard aircraft. 

Research and Innovative Technology 

Administration (RITA) 

SECTION 610 AND OTHER REVIEWS

Year Regulations To Be Reviewed Analysis Year Review Year 

1 ........................ 14 CFR part 241, form 41 ................................................................................................ 2008 2009 

2 ........................ 14 CFR part 241, schedule T–100, and part 217 ............................................................ 2009 2010 

3 ........................ 14 CFR part 298 ............................................................................................................... 2010 2011 

4 ........................ 14 CFR part 241, section 19–7 ........................................................................................ 2011 2012 

5 ........................ 14 CFR part 291 ............................................................................................................... 2012 2013 

6 ........................ 14 CFR part 234 ............................................................................................................... 2013 2014 

7 ........................ 14 CFR part 249 ............................................................................................................... 2014 2015 

8 ........................ 14 CFR part 248 ............................................................................................................... 2015 2016 

9 ........................ 14 CFR part 250 ............................................................................................................... 2016 2017 

10 ...................... 14 CFR part 374a, ICAO .................................................................................................. 2017 2018 

Year 1 (Fall 2008) List of Rules With 

Ongoing Analysis 

14 CFR part 241—Uniform System of 

Accounts and Reports for Large 

Certificated Air Carriers, Form 41 

Year 3 (Fall 2010) List of Rules With 

Ongoing Analysis 

14 CFR part 298 subpart f—Exemptions 

for Air Taxi and Commuter Air 

Carrier Operations—Reporting 

Requirements 

Year 4 (Fall 2011) List of Rules That 

Will Be Analyzed During the Next Year 

14 CFR part 241, section 19–7— 

Passenger Origin-Destination 

Survey 

Saint Lawrence Seaway Development 

Corporation 


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SECTION 610 AND OTHER REVIEWS

Year Regulations To Be Reviewed Analysis Year Review Year 

1 ....................... 33 CFR parts 401 through 403 ........................................................................................ 2008 2009 

Year 1 (Fall 2008) List of Rules With 

Ongoing Analysis 

33 CFR part 401—Seaway Regulations 

and Rules 

33 CFR part 402—Tariff of Tolls 

33 CFR part 403—Rules of Procedure of 

the Joint Tolls Review Board 

OFFICE OF THE SECRETARY—PROPOSED RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

405 .................... + Enhancing Airline Passenger Protections III (Reg Plan Seq No. 104) ........................................................ 2105–AE11 

+ DOT-designated significant regulation. 

References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register. 

OFFICE OF THE SECRETARY—FINAL RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

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

+ DOT-designated significant regulation. 

FEDERAL AVIATION ADMINISTRATION—PROPOSED RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

407 .................... + Qualification, Service, and Use of Crewmembers and Aircraft Dispatchers (Reg Plan Seq No. 106) ....... 2120–AJ00 

408 .................... + Operation and Certification of Small Unmanned Aircraft Systems (SUAS) ................................................. 2120–AJ60 

409 .................... + Repair Stations .............................................................................................................................................. 2120–AJ61 

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

+ DOT-designated significant regulation. 

References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register. 

FEDERAL AVIATION ADMINISTRATION—FINAL RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

411 .................... + Air Ambulance and Commercial Helicopter Operations; Safety Initiatives and Miscellaneous Amendments (Reg Plan Seq No. 108).2120–AJ53 

412 .................... + Safety Management Systems for Certificate Holders (Section 610 Review) (Reg Plan Seq No. 109) .... 2120–AJ86 

+ DOT-designated significant regulation. 

References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register. 

FEDERAL AVIATION ADMINISTRATION—LONG-TERM ACTIONS

Sequence No. Title Regulation 

Identifier No. 

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

+ DOT-designated significant regulation. 

FEDERAL AVIATION ADMINISTRATION—COMPLETED ACTIONS

Sequence No. Title Regulation 

Identifier No. 

414 .................... + Activation of Ice Protection ........................................................................................................................... 2120–AJ43 

415 .................... Damage Tolerance and Fatigue Evaluation for Metallic Structures ................................................................ 2120–AJ51 

416 .................... + Exiting Icing Conditions ................................................................................................................................. 2120–AJ74 

+ DOT-designated significant regulation. 


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FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION—PROPOSED RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

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

+ DOT-designated significant regulation. 

FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION—LONG-TERM ACTIONS

Sequence No. Title Regulation 

Identifier No. 

418 .................... + Safety Monitoring System and Compliance Initiative for Mexico-Domiciled Motor Carriers Operating in 

the United States.

2126–AA35 

419 .................... + Electronic On-Board Recorders and Hours of Service Supporting Documents ........................................... 2126–AB20 

+ DOT-designated significant regulation. 

FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION—COMPLETED ACTIONS

Sequence No. Title Regulation 

Identifier No. 

420 .................... + Hours of Service ............................................................................................................................................ 2126–AB26 

421 .................... + Drivers of Commercial Vehicles: Restricting the Use of Cellular Phones (Section 610 Review) ............... 2126–AB29 

+ DOT-designated significant regulation. 

PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION—PROPOSED RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

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

423 .................... Hazardous Materials: Miscellaneous Amendments (RRR) (Section 610 Review) ........................................ 2137–AE78 

+ DOT-designated significant regulation. 

MARITIME ADMINISTRATION—COMPLETED ACTIONS

Sequence No. Title Regulation Identifier No. 

424 .................... + Cargo Preference—Compromise, Assessment, Mitigation, Settlement, and Collection of Civil Penalties .. 2133–AB75 

+ DOT-designated significant regulation. 

DEPARTMENT OF TRANSPORTATION 

(DOT) 

Office of the Secretary (OST) 

Proposed Rule Stage 

405. • + Enhancing Airline Passenger 

Protections III 

Regulatory Plan: This entry is Seq. 

No. 104 in part II of this issue of the 

Federal Register. 

RIN: 2105–AE11 

DEPARTMENT OF TRANSPORTATION 

(DOT) 

Office of the Secretary (OST) 

Final Rule Stage 

406. + Use of the Seat-Strapping Method 

for Carrying a Wheelchair on an 

Aircraft 

Legal Authority: 49 U.S.C. 41705 

Abstract: This rulemaking would 

address whether carriers should be 

allowed to utilize the seat-strapping 

method to stow a passenger ́s 

wheelchair in the aircraft cabin. 

Timetable: 

Action Date FR Cite 

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

NPRM Comment 

Period End.

08/02/11 

Final Rule ............ 08/00/12 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Blane A. Workie, 

Attorney, Department of Transportation, 

Office of the Secretary, 1200 New Jersey 

Avenue SE., Washington, DC 20590, 

Phone: 202 366–9342, TDD Phone: 202 

755–7687, Fax: 202 366–7152, Email: 

blane.workie@ost.dot.gov. 

RIN: 2105–AD87 

BILLING CODE 4910– 9X –P 

DEPARTMENT OF TRANSPORTATION 

(DOT) 

Federal Aviation Administration (FAA) 

Proposed Rule Stage 

407. + Qualification, Service, and Use of 

Crewmembers and Aircraft Dispatchers 

Regulatory Plan: This entry is Seq. 

No. 106 in part II of this issue of the 

Federal Register. 

RIN: 2120–AJ00 

408. + Operation and Certification of 

Small Unmanned Aircraft Systems 

(SUAS) 

Legal Authority: 49 U.S.C. 44701 

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 


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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. 

Timetable: 

Action Date FR Cite 

NPRM .................. 05/00/12 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Stephen A Glowacki, 

Department of Transportation, Federal 

Aviation Administration, 800 

Independence Avenue SW., 

Washington, DC 20591, Phone: 202 385– 

4898, Email: 

stephen.a.glowacki@faa.gov. 

RIN: 2120–AJ60 

409. + Repair Stations 

Legal Authority: 49 U.S.C. 44701; 49 

U.S.C. 44702; 49 U.S.C. 106(g); 49 

U.S.C. 40113; 49 U.S.C. 44701 to 44702; 

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

U.S.C. 44717 

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. 

Timetable: 

Action Date FR Cite 

NPRM .................. 06/00/12 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: John J Goodwin, 

Department of Transportation, Federal 

Aviation Administration, 950 L’Enfant 

Plaza North, SW., Washington, DC 

20024, Phone: 202 385–6417, Email: 

john.j.goodwin@faa.gov. 

RIN: 2120–AJ61 

410. + Air Carrier Maintenance 

Training Program (Section 610 Review) 

Legal Authority: 49 U.S.C. 44101; 49 

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

U.S.C. 40119; 49 U.S.C. 41706; 49 U.S.C. 

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

44705; 49 U.S.C. 44709 to 47111; 49 

U.S.C. 44713; 49 U.S.C. 44715; 49 U.S.C. 

44716; 49 U.S.C. 44717; 49 U.S.C. 

44722; 49 U.S.C. 46105 

Abstract: This rulemaking would 

require FAA approval of maintenance 

training programs of air carriers that 

operate aircraft type certificated for a 

passenger seating configuration of 10 

seats or more (excluding any pilot seat). 

The intent of this rulemaking is to 

reduce the number of accidents and 

incidents caused by human error, 

improper maintenance, inspection, or 

repair practices. 

Timetable: 

Action Date FR Cite 

NPRM .................. 06/00/12 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: John J Hiles, Flight 

Standards Service, Department of 

Transportation, Federal Aviation 

Administration, 950 L’Enfant Plaza 

North, SW., Washington, DC 20591, 

Phone: 202 385–6421, Email: 

john.j.hiles@faa.gov. 

RIN: 2120–AJ79 

DEPARTMENT OF TRANSPORTATION 

(DOT) 

Federal Aviation Administration (FAA) 

Final Rule Stage 

411. + Air Ambulance and Commercial 

Helicopter Operations; Safety 

Initiatives and Miscellaneous 

Amendments 

Regulatory Plan: This entry is Seq. 

No. 108 in part II of this issue of the 

Federal Register. 

RIN: 2120–AJ53 

412. + Safety Management Systems for 

Certificate Holders (Section 610 

Review) 

Regulatory Plan: This entry is Seq. 

No. 109 in part II of this issue of the 

Federal Register. 

RIN: 2120–AJ86 

DEPARTMENT OF TRANSPORTATION 

(DOT) 

Federal Aviation Administration (FAA) 

Long-Term Actions 

413. + Regulation of Flight Operations 

Conducted by Alaska Guide Pilots 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

29 of 61 Sta 1180 

Abstract: This rulemaking would 

establish general operating and flight 

rules applicable to the flight operations 

conducted by Alaska guide pilots. The 

rulemaking would implement 

legislation. 

Timetable: 

Action Date FR Cite 

NPRM .................. 06/00/13 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Jeff Smith, 

Department of Transportation, Federal 

Aviation Administration, 800 

Independence Avenue SW., 

Washington, DC 20785, Phone: 202 385– 

9615, Email: jeffrey.smith@faa.gov. 

RIN: 2120–AJ78 

DEPARTMENT OF TRANSPORTATION 

(DOT) 

Federal Aviation Administration (FAA) 

Completed Actions 

414. + Activation of Ice Protection 

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

U.S.C. 40113; 49 U.S.C. 40119; 49 U.S.C. 

44101; 49 U.S.C. 44701; 49 U.S.C. 

44705; 49 U.S.C. 44709 to 44711; 49 

U.S.C. 44713; 49 U.S.C. 44716; 49 U.S.C. 

44722; 49 U.S.C. 44901; 49 U.S.C. 

44903; 49 U.S.C. 44912; 49 U.S.C. 

46105; 49 U.S.C. 44702; 49 U.S.C. 

44717; 49 U.S.C. 44904 

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. 

Timetable: 

Action Date FR Cite 

NPRM .................. 11/23/09 74 FR 61055 

NPRM Comment 

Period End.

02/22/10 

Final Rule ............ 08/22/11 76 FR 52241 

Final Rule Effective.10/21/11 

Regulatory Flexibility Analysis 

Required: Yes. 


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Agency Contact: Jerry Ostronic, Air 

Carrier Operations Branch, AFS 220, 

Department of Transportation, Federal 

Aviation Administration, 800 

Independence Avenue SW., 

Washington, DC 20591, Phone: 202– 

267–8166, Fax: 202–267–5229, Email: 

jerry.c.ostronic@faa.gov. 

RIN: 2120–AJ43 

415. Damage Tolerance and Fatigue 

Evaluation for Metallic Structures 

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

U.S.C. 40113; 49 U.S.C. 44701; 49 U.S.C. 

44702; 49 U.S.C. 44704; 49 U.S.C. 

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

44701; 49 U.S.C. 44702; 49 U.S.C. 44704 

Abstract: The rule addresses advances 

in structural fatigue tolerance evaluation 

of transport category rotorcraft metallic 

structure and provide an increased level 

of safety by avoiding or reducing 

catastrophic fatigue failures of metallic 

rotorcraft structures. 

Timetable: 

Action Date FR Cite 

NPRM .................. 03/12/10 75 FR 11799 

NPRM Comment 

Period Extended.

05/05/10 75 FR 24501 

NPRM Comment 

Period End.

06/10/10 

NPRM Comment 

Period Extended End.

07/30/10 

Final Rule ............ 12/02/11 76 FR 75435 

Final Rule Effective.01/31/12 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Sharon Miles, 

Regulations and Policy Group, 

Department of Transportation, Federal 

Aviation Administration, 2601 

Meacham Blvd., Fort Worth, TX 76137, 

Phone: 817 222–5122, Email: 

sharon.y.miles@faa.gov. 

RIN: 2120–AJ51 

416. + Exiting Icing Conditions 

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

U.S.C. 40113; 49 U.S.C. 40119; 49 U.S.C. 

44101; 49 U.S.C. 44701; 49 U.S.C. 

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

44709; 49 U.S.C. 44710; 49 U.S.C. 

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

44716; 49 U.S.C. 44717; 49 U.S.C. 

44722; 49 U.S.C. 44901; 49 U.S.C. 

44903; 49 U.S.C. 44904; 49 U.S.C. 

44912; 49 U.S.C. 46105 

Abstract: This rulemaking would 

require operators of certain airplanes 

used in air carrier service and 

certificated for flight in icing conditions 

to: 1. enable the flightcrew to determine 

when the airplane is in large drop icing 

conditions, and 2. require follow-on 

flightcrew action in these conditions for 

certain airplanes with reversible flight 

controls for the pitch and/or roll axis. 

This rulemaking is the result of 

information gathered from a review of 

icing accidents and incidents, and it is 

intended to improve the level of safety 

when airplanes are operated in icing 

conditions. This rulemaking will be 

replaced by RIN 2120–AJ95. 

Timetable: 

Action Date FR Cite 

Terminated .......... 06/01/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Robert Hettman, 

ANM–112, Transport Airplane 

Directorate, Department of 

Transportation, Federal Aviation 

Administration, 1601 Lind Avenue SW., 

Renton, WA 98057, Phone: 425 227– 

2683, Email: robert.hettman@faa.gov. 

RIN: 2120–AJ74 

BILLING CODE 4910– 13–P 

DEPARTMENT OF TRANSPORTATION 

(DOT) 

Federal Motor Carrier Safety 

Administration (FMCSA) 

Proposed Rule Stage 

417. + Unified Registration System 

Legal Authority: Pub. L. 104–88; 109 

Stat 803, 888 (1995); 49 U.S.C. 13908; 

Pub. L. 109–159, sec 4304 

Abstract: This rulemaking would 

replace three current identification and 

registration systems: the US DOT 

number identification system, the 

commercial registration system, and the 

financial responsibility system, with an 

online Federal unified registration 

system (URS). This program would 

serve as a clearinghouse and depository 

of information on, and identification of, 

brokers, freight forwarders, and others 

required to register with the Department 

of Transportation. The Agency is 

revising this rulemaking to address 

amendments directed by Safe, 

Accountable, Flexible, Efficient, 

Transportation Equity Act: A Legacy for 

Users (SAFETEA–LU). The replacement 

system for the Single State Registration 

System, which the ICC Termination Act 

originally directed be merged under 

URS, was addressed separately in RIN 

2126–AB09. The cargo insurance 

portion of this rulemaking has been split 

off into RIN 2126–AB21. 

Timetable: 

Action Date FR Cite 

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

ANPRM Comment 

Period End.

10/25/96 

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

NPRM Comment 

Period End.

08/17/05 

Supplemental 

NPRM.

10/26/11 76 FR 66506 

Supplemental 

NPRM Comment Period 

End.

12/27/11 

Analyzing Comments.02/00/12 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Valerie Height, 

Management Analyst, Department of 

Transportation, Federal Motor Carrier 

Safety Administration, Office of Policy 

Plans and Regulation (MC–PRR), 1200 

New Jersey Ave. SE., Washington, DC 

20590, Phone: 202 366–0901, Email: 

valerie.height@dot.gov. 

RIN: 2126–AA22 

DEPARTMENT OF TRANSPORTATION 

(DOT) 

Federal Motor Carrier Safety 

Administration (FMCSA) 

Long-Term Actions 

418. + Safety Monitoring System and 

Compliance Initiative for Mexico— 

Domiciled Motor Carriers Operating in 

the United States 

Legal Authority: Pub. L. 107–87, sec 

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

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

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

521(b)(5)(A) 

Abstract: This rule would implement 

a safety monitoring system and 

compliance initiative designed to 

evaluate the continuing safety fitness of 

all Mexico-domiciled carriers within 18 

months after receiving a provisional 

Certificate of Registration or provisional 

authority to operate in the United 

States. It also would establish 

suspension and revocation procedures 

for provisional Certificates of 

Registration and operating authority, 

and incorporate criteria to be used by 

FMCSA in evaluating whether Mexicodomiciled carriers exercise basic safety 

management controls. The interim rule 

included requirements that were not 

proposed in the NPRM but which are 

necessary to comply with the FY–2002 

DOT Appropriations Act. On January 

16, 2003, the Ninth Circuit Court of 

Appeals remanded this rule, along with 

two other NAFTA-related rules, to the 

agency, requiring a full environmental 


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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 the pilot program on the 

long haul trucking provisions of NAFTA 

is completed. 

Timetable: 

Action Date FR Cite 

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

NPRM Comment 

Period End.

07/02/01 

Interim Final Rule 03/19/02 67 FR 12758 

Interim Final Rule 

Comment Period End.

04/18/02 

Interim Final Rule 

Effective.

05/03/02 

Notice of Intent 

To Prepare an 

EIS.

08/26/03 68 FR 51322 

EIS Public 

Scoping Meetings.

10/08/03 68 FR 58162 

Next Action Undetermined.

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Dolores Macias, 

Acting Division Chief, Department of 

Transportation, Federal Motor Carrier 

Safety Administration, 1200 New Jersey 

Avenue SE., Washington, DC 20590, 

Phone: 202 366–2995, Email: 

dolores.macias@dot.gov. 

RIN: 2126–AA35 

419. + Electronic On-Board Recorders 

and Hours of Service Supporting 

Documents 

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

31136(a); Pub. L. 103.311; 49 U.S.C. 

31137(a) 

Abstract: This rulemaking will 

consider revisions to RIN 2126–AA89 

(Electronic On-Board Recorders for 

Hours of Service Drivers) to expand the 

number of motor carriers required to 

install and operate Electronic On-Board 

Recorders (EOBRs). FMCSA is 

consolidating this follow-up to the 

EOBR rule with the Hours Of Service Of 

Drivers: Supporting Documents 

rulemaking for development of a single 

NPRM in RIN 2126–AB20. In addressing 

Hours of Service Supporting Documents 

requirements in this new rulemaking, 

FMCSA will consider reducing or 

eliminating current paperwork burdens 

associated with supporting documents 

in favor of expanded EOBR use. 

On January 15, 2010, the American 

Trucking Associations (ATA) filed a 

Petition for a Writ of Mandamus in the 

United States Court of Appeals for the 

District of Columbia Circuit (D.C. Cir. 

No. 10–1009). ATA petitioned the court 

to direct FMCSA to issue an NPRM on 

supporting documents in conformance 

with the requirements set forth in 

section 113 of the HMTAA within 60 

days after the issuance of the writ and 

a final rule no later than 6 months after 

the issuance of the NPRM. The court 

granted the petition for writ of 

mandamus on September 30, 2010, 

ordering FMCSA to issue an NPRM on 

the supporting document regulations by 

December 30, 2010. At the request of the 

agency, the D.C. Circuit extended the 

deadline to January 31, 2011. 

Timetable: 

Action Date FR Cite 

NPRM .................. 02/01/11 76 FR 5537 

NPRM Comment 

Period End.

02/28/11 

NPRM Comment 

Period Extended.

03/10/11 76 FR 13121 

Extended NPRM 

Comment Period End.

05/23/11 

Next Action Undetermined.

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Deborah M. Freund, 

Senior Transportation Specialist, 

Department of Transportation, Federal 

Motor Carrier Safety Administration, 

1200 New Jersey Avenue SE., 

Washington, DC 20590, Phone: 202 366– 

5370, Email: deborah.freund@dot.gov. 

RIN: 2126–AB20 

DEPARTMENT OF TRANSPORTATION 

(DOT) 

Federal Motor Carrier Safety 

Administration (FMCSA) 

Completed Actions 

420. + Hours of Service 

Legal Authority: 49 U.S.C. 31502(b) 

Abstract: This rulemaking changes the 

hours of service requirements for drivers 

operating a commercial motor vehicle 

transporting property. The requirement 

for this rulemaking was established on 

October 26, 2009, when Public Citizen, 

et al. (Petitioners) and FMCSA entered 

into a settlement agreement under 

which Petitioners’ petition for judicial 

review of the November 19, 2008, Final 

Rule on drivers’ hours of service was 

held in abeyance pending the 

publication of an NPRM reevaluating 

the Hours of Service rule. Per 

subsequent agreement, the final rule 

will be published by October 28, 2011. 

Timetable: 

Action Date FR Cite 

NPRM .................. 12/29/10 75 FR 82170 

NPRM Comment 

Period End.

02/02/11 

NPRM; Notice of 

Availability of 

Supplemental 

Documents and 

Corrections; Extension of Comment Period.

02/16/11 76 FR 8990 

Extended Comment Period 

End.

03/02/11 

NPRM Comment 

Period Reopened.

05/29/11 76 FR 26681 

NPRM Comment 

Period Reopened End.

06/08/11 

Final Rule ............ 12/27/11 76 FR 81134 

Final Rule Effective.02/27/12 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Thomas Yager, 

Driver and Carrier Operations Division, 

Department of Transportation, Federal 

Motor Carrier Safety Administration, 

1200 New Jersey Avenue SE., 

Washington, DC 20590, Phone: 202 366– 

4325, Email: tom.yager@dot.gov. 

RIN: 2126–AB26 

421. + Drivers of Commercial Vehicles: 

Restricting the Use of Cellular Phones 

(Section 610 Review) 

Legal Authority: Pub. L. 98–554 

Abstract: This rulemaking would 

restrict the use of mobile telephones 

while operating a commercial motor 

vehicle. This rulemaking is in response 

to Federal Motor Carrier Safety 

Administration-sponsored studies that 

analyzed safety incidents and distracted 

drivers. This rulemaking addresses an 

item on the National Transportation 

Safety Board’s ‘‘Most Wanted List’’ of 

safety recommendations. 

Timetable: 

Action Date FR Cite 

NPRM .................. 12/21/10 75 FR 80014 

NPRM Comment 

Period End.

03/21/11 

Final Rule ............ 12/02/11 76 FR 75470 

Final Rule Effective.01/03/12 

Regulatory Flexibility Analysis 

Required: No. 

Agency Contact: Mike Huntley, Chief, 

Vehicle and Roadside Operations 

Division, Department of Transportation, 

Federal Motor Carrier Safety 


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Administration, 1200 New Jersey 

Avenue SE., Washington, DC 20590, 

Phone: 202 366–9209, Email: 

michael.huntley@dot.gov. 

RIN: 2126–AB29 

BILLING CODE 4910–EX–P 

DEPARTMENT OF TRANSPORTATION 

(DOT) 

Pipeline and Hazardous Materials 

Safety Administration (PHMSA) 

Proposed Rule Stage 

422. + Hazardous Materials: Revisions 

to Requirements for the Transportation 

of Lithium Batteries 

Legal Authority: 49 U.S.C. 5101 et seq. 

Abstract: This rulemaking would 

amend the Hazardous Materials 

Regulations (HMR) 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. The 

rulemaking responds to several 

recommendations issued by the 

National Transportation Safety Board. 

Timetable: 

Action Date FR Cite 

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

NPRM Comment 

Period End.

03/12/10 

Supplemental 

NPRM.

05/00/12 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Kevin Leary, 

Transportation Specialist, Department 

of Transportation, Pipeline and 

Hazardous Materials Safety 

Administration, 1200 New Jersey 

Avenue SE., Washington, DC 20590, 

Phone: 202 366–8553, Email: 

kevin.leary@dot.gov. 

RIN: 2137–AE44 

423. • Hazardous Materials: 

Miscellaneous Amendments (RRR) 

(Section 610 Review) 

Legal Authority: 49 U.S.C. 5101 et seq. 

Abstract: This rulemaking would 

update and clarify existing requirements 

by incorporating changes into the 

Hazardous Materials Regulations (HMR) 

based on PHMSA’s own initiatives 

through an extensive review of the HMR 

and previously issued letters of 

interpretation. Specifically, among other 

provisions, PHMSA would provide for 

the continued use of approvals until 

final administrative action is taken, 

when a correct and completed 

application for approval renewal was 

received 60 days prior to expiration 

date; update various entries in the 

hazardous materials table and the 

corresponding special provisions; 

clarify the lab pack requirements for 

temperature controlled materials; 

correct an error in the HMR with regard 

to the inspection of cargo tank motor 

vehicles containing corrosive materials; 

and revise the training requirements to 

require that a hazardous materials 

employer ensure their hazardous 

materials employee training records are 

available upon request to an authorized 

official of the Department of 

Transportation or the Department of 

Homeland Security. 

Timetable: 

Action Date FR Cite 

NPRM .................. 07/00/12 

Regulatory Flexibility Analysis 

Required: No. 

Agency Contact: Robert Benedict, 

Transportation Regulations Specialist, 

Department of Transportation, Pipeline 

and Hazardous Materials Safety 

Administration, 1200 New Jersey 

Avenue SE., Washington, DC 20590, 

Phone: 202 366–4506, Email: 

robert.benedict@dot.gov. 

RIN: 2137–AE78 

BILLING CODE 4910–60–P 

DEPARTMENT OF TRANSPORTATION 

(DOT) 

Maritime Administration (MARAD) 

Completed Actions 

424. + Cargo Preference—Compromise, 

Assessment, Mitigation, Settlement, and 

Collection of Civil Penalties 

Legal Authority: Pub. L. 110–417 

Abstract: This rulemaking would 

establish part 383 of the Cargo 

Preference regulations. This rulemaking 

would cover Public Law 110–417, 

section 3511, National Defense 

Authorization Act for FY 2009 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. Originally MARAD had 

two separate rulemakings in process on 

cargo preference under RINs 2133–AB74 

and 2133–AB75. The agency has 

decided that it would be more efficient 

to merge both efforts under one; this 

action is merged with RIN 2133–AB74. 

Timetable: 

Action Date FR Cite 

Merged With RIN 

2133–AB74.

12/21/11 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Christine Gurland, 

Department of Transportation, Maritime 

Administration, 1200 New Jersey 

Avenue SE., Washington, DC 20590, 

Phone: 202 366–5157, Email: 

christine.gurland@dot.gov. 

RIN: 2133–AB75 

[FR Doc. 2012–1653 Filed 2–10–12; 8:45 am] 

BILLING CODE 4910–81–P 


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