1898 Federal Register / Vol. 83, No. 9 / Friday, January 12, 2018 / 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 

[DOT–OST–1999–5129] 

Department Regulatory and 

Deregulatory Agenda; Semiannual 

Summary 

AGENCY: Office of the Secretary, DOT. 

ACTION: Unified Agenda of Federal 

Regulatory and Deregulatory Actions 

(Regulatory Agenda). 

SUMMARY: The Regulatory and 

Deregulatory Agenda is a semiannual 

summary of all current and projected 

rulemakings, reviews of existing 

regulations, and completed actions of 

the Department. The intent of the 

Agenda is to provide the public with 

information about the Department of 

Transportation’s regulatory activity 

planned for the next 12 months. It is 

expected that this information will 

enable the public to more effectively 

participate in the Department’s 

regulatory process. 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 

Jonathan Moss, Assistant General 

Counsel for Regulation, Office of 

General Counsel, 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. 

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 

A primary goal of the Department of 

Transportation (Department or DOT) is 

to allow the public to understand how 

we make decisions, which necessarily 

includes being transparent in the way 

we measure the risks, costs, and benefits 

of engaging in—or deciding not to 

engage in—a particular regulatory 

action. As such, it is our policy to 

provide an opportunity for public 

comment on such actions to all 

interested stakeholders. Above all, 

transparency and meaningful 

engagement mandate that regulations 

should be straightforward, clear, and 

accessible to any interested stakeholder. 

The Department also embraces the 

notion that there should be no more 

regulations than necessary. We 

emphasize consideration of nonregulatory solutions and have rigorous 

processes in place for continual 

reassessment of existing regulations. 

These processes provide that regulations 

and other agency actions are 

periodically reviewed and, if 

appropriate, are revised to ensure that 

they continue to meet the needs for 

which they were originally designed, 

and that they remain cost-effective and 

cost-justified. 

To help the Department achieve its 

goals and in accordance with Executive 

Order (E.O.) 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 and deregulatory agenda. It 

summarizes all current and projected 

rulemakings, reviews of existing 

regulations, and completed actions of 

the Department. These are matters on 

which action has begun or is projected 

during the next 12 months or for which 

action has been completed since the last 

Agenda. 

In addition, this Agenda was prepared 

in accordance with three new Executive 

orders issued by President Trump, 

which directed agencies to further 

scrutinize their regulations and other 

agency actions. On January 30, 2017, 

President Trump signed Executive 

Order 13771, Reducing Regulation and 

Controlling Regulatory Costs. Under 

Section 2(a) of the Executive order, 

unless prohibited by law, whenever an 

executive department or agency 

publicly proposes for notice and 

comment or otherwise promulgates a 

new regulation, it must identify at least 

two existing regulations to be repealed. 

On February 24, 2017, President Trump 

signed Executive Order 13777, 

Enforcing the Regulatory Reform 

Agenda. Under this Executive order, 

each agency must establish a Regulatory 

Reform Task Force (RRTF) to evaluate 

existing regulations, and make 

recommendations for their repeal, 

replacement, or modification. On March 

28, 2017, President Trump signed 

Executive Order 13783, Promoting 

Energy Independence and Economic 

Growth, requiring agencies to review all 

existing regulations, orders, guidance 

documents, policies, and other similar 

agency actions that potentially burden 

the development or use of domestically 

produced energy resources, with 

particular attention to oil, natural gas, 

coal, and nuclear energy resources. 

In response to the mandate in 

Executive Order 13777, the Department 

formed an RRTF consisting of senior 

career and non-career leaders, which 

has already conducted extensive 

reviews of existing regulations, and 

identified a number of rules to be 

repealed, replaced, or modified. While 

each regulatory and deregulatory action 

is evaluated on its own merits, the RRTF 

augments the Department’s 

consideration of prospective 

rulemakings by conducting monthly 

reviews across all OAs to identify 

appropriate deregulatory actions. The 

RRTF also works to ensure that any new 

regulatory action is rigorously vetted 

and non-regulatory alternatives are 

considered. Further information on the 

RRTF can be found online at: https://

www.transportation.gov/regulations/ 

regulatory-reform-task-force-report. 

The Department’s ongoing regulatory 

effort is guided by four fundamental 

principles—safety, innovation, 

investment in infrastructure, and 

reducing unnecessary regulatory 

burdens. These priorities are grounded 

in our national interest in maintaining 

U.S. global leadership in safety, 

innovation, and economic growth. To 

accomplish our regulatory goals, we 

must create a regulatory environment 

that fosters growth in new and 

innovative industries without burdening 

them with unnecessary restrictions. At 

the same time, safety remains our 

highest priority; we must remain 

focused on managing safety risks and be 

sure that we do not regress from the 

successes already achieved. Our 

planned regulatory actions reflect a 

careful balance that emphasizes the 


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Department’s priority in fostering 

innovation while at the same time 

meeting the challenges of maintaining a 

safe, reliable, and sustainable 

transportation system. 

The Agendas are based on reports 

submitted by the offices initiating the 

rulemaking and are reviewed by OST. 

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 Rulemakings 

The Agenda covers all rules and 

regulations of the Department. Subsets 

of these rules have been classified as 

significant rules under E.O. 12866 and 

will be subject to review by the Office 

of Management and Budget (OMB). 

Explanation of Information on the 

Agenda 

An Office of Management and Budget 

memorandum, dated August 18, 2017, 

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 when a rulemaking 

document may publish; (8) whether the 

rulemaking will affect small entities 

and/or levels of Government and, if so, 

which categories; (9) whether a 

Regulatory Flexibility Act (RFA) 

analysis is required (for rules that would 

have a significant economic impact on 

a substantial number of small entities); 

(10) a listing of any analyses an office 

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. 

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 a rulemaking 

document may publish. In addition, 

these dates are based on current 

schedules. Information received after 

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 making 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. 

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. 


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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: November 9, 2017. 

Elaine L. Chao, 

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. 

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—Lirio Liu, Director, Office of 

Rulemaking, 800 Independence Avenue 

SW, Washington, DC 20591; telephone 

(202) 267–7833. 

FHWA—Jennifer Outhouse, Office of 

Chief Counsel, 1200 New Jersey Avenue 

SE, Washington, DC 20590; telephone 

(202) 366–0761. 

FMCSA—Steven J. LaFreniere, 

Regulatory Ombudsman, 1200 New 

Jersey Avenue SE, Washington, DC 

20590; telephone (202) 366–0596. 

NHTSA—Steve Wood, Office of Chief 

Counsel, 1200 New Jersey Avenue SE, 

Washington, DC 20590; telephone (202) 

366–2992. 

FRA—Elliott Gillooly, Office of Chief 

Counsel, 1200 New Jersey Avenue SE, 

Washington, DC 20590; telephone (202) 

493–6047. 

FTA—Chaya Koffman, Office of Chief 

Counsel, 1200 New Jersey Avenue SE, 

Washington, DC 20590; telephone (202) 

366–3101. 

SLSDC—Carrie Mann Lavigne, Chief 

Counsel, 180 Andrews Street, Massena, 

NY 13662; telephone (315) 764–3200. 

PHMSA—Stephen Gordon, Office of 

Chief Counsel, 1200 New Jersey Avenue 

SE, Washington, DC 20590; telephone 

(202) 366–1101. 

MARAD—Gabriel Chavez, Office of 

Chief Counsel, Maritime 

Administration, 1200 New Jersey 

Avenue SE, Washington, DC 20590; 

telephone (202) 366–2621. 

OST—Jonathan Moss, Assistant 

General Counsel for Regulation, 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: 9:00 

a.m. to 5:00 p.m. 

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 

Regulatory Policies and Procedures 

require such reviews. We also have 

responsibilities under E.O. 12866, 

‘‘Regulatory Planning and Review,’’ E.O. 

13563, ‘‘Improving Regulation and 

Regulatory Review,’’ 76 FR 3821 

(January 18, 2011), E.O. 13771 

‘‘Reducing Regulation and Controlling 

Regulatory Costs,’’ E.O. 13777, 

‘‘Enforcing the Regulatory Agenda,’’ and 

section 610 of the Regulatory Flexibility 

Act to conduct such reviews. This 

includes the designation of a Regulatory 

Reform Officer, the establishment of a 

Regulatory Reform Task Force, and the 

use of plain language techniques in new 

rules and considering its use in existing 

rules when we have the opportunity and 

resources to revise them. We are 

committed to continuing our reviews of 

existing rules and, if it is needed, will 

initiate rulemaking actions based on 

these reviews. The Department will 

begin a new 10-year review cycle with 

the Fall 2018 Agenda. 

Section 610 Review Plan 

Section 610 requires that we conduct 

reviews of rules that: (1) Have been 

published within the last 10 years, and 

(2) have a ‘‘significant economic impact 

on a substantial number of small 

entities’’ (SEIOSNOSE). It also requires 

that we publish in the Federal Register 

each year a list of any such rules that 

we will review during the next year. 

The Office of the Secretary and each of 

the Department’s Operating 

Administrations have a 10-year review 

plan. These reviews comply with 

section 610 of the Regulatory Flexibility 

Act. 

Changes to the Review Plan 

Some reviews may be conducted 

earlier than scheduled. For example, to 

the extent resources permit, the plain 

language reviews will be conducted 

more quickly. Other events, such as 

accidents, may result in the need to 

conduct earlier reviews of some rules. 

Other factors may also result in the need 

to make changes; for example, we may 

make changes in response to public 

comment on this plan or in response to 

a presidentially mandated review. If 

there is any change to the review plan, 

we will note the change in the following 

Agenda. For any section 610 review, we 

will provide the required notice prior to 

the review. 

Part II—The Review Process 

The Analysis 

Generally, the agencies have divided 

their rules into 10 different groups and 

plan to analyze one group each year. For 

purposes of these reviews, a year will 

coincide with the fall-to-fall schedule 

for publication of the Agenda. Most 

agencies provide historical information 

about the reviews that have occurred 

over the past 10 years. 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. The 

exception to this general rule is the 

FAA, which provides information about 

the reviews it completed for this year 

and prospective information about the 

reviews it intends to complete in the 

next 10 years. Thus, for FAA Year 1 

(2017) begins in the fall of 2017 and 

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

begins in the fall of 2018 and ends in 

the fall of 2019, and so on. We request 


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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 pre-rulemaking section 

describing the review in more detail. We 

also will seek public comment on how 

best to lessen the impact of these rules 

and provide a name or docket to which 

public comments can be submitted. In 

some cases, the section 610 review may 

be part of another unrelated review of 

the rule. In such a case, we plan to 

clearly indicate which parts of the 

review are being conducted under 

section 610. 

Other Reviews 

The agency will also examine the 

specified rules to determine whether 

any other reasons exist for revising or 

revoking the rule or for rewriting the 

rule in plain language. In each fall 

Agenda, the agency will also publish 

information on the results of the 

examinations completed during the 

previous year. 

Part III—List of Pending Section 610 

Reviews 

The Agenda identifies the pending 

DOT section 610 Reviews by inserting 

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

the specific entry. For further 

information on the pending reviews, see 

the Agenda entries at www.reginfo.gov. 

For example, to obtain a list of all 

entries that are in section 610 Reviews 

under the Regulatory Flexibility Act, a 

user would select the desired responses 

on the search screen (by selecting 

‘‘advanced search’’) and, in effect, 

generate the desired ‘‘index’’ of reviews. 

Office of the Secretary 

Section 610 and Other Reviews 

Year Regulations to be reviewed Analysis year Review year 

1 ........................ 49 CFR parts 91 through 99 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 10 (2017) List of Rules That Will 

Be Analyzed During the Next Year 

49 CFR part 30—Denial of Public Works 

Contracts to Suppliers of Goods and 

Services of Countries That Deny 

Procurement Market Access to US 

Contractors 

49 CFR part 31—Program Fraud Civil 

Remedies 

49 CFR part 32—Governmentwide 

Requirements for Drug-Free 

Workplace (Financial Assistance) 

49 CFR part 33—Transportation 

Priorities and Allocation System 

49 CFR part 37—Transportation 

Services for Individuals With 

Disabilities (ADA) 

49 CFR part 38—Americans With 

Disabilities Act (ADA) Accessibility 

Specifications for Transportation 

Vehicles 

49 CFR part 39—Transportation for 

Individuals With Disabilities: 

Passenger Vessels 

49 CFR part 41—Seismic Safety 

49 CFR part 71—Standard Time Zone 

Boundaries 

49 CFR part 79—Medals of Honor 

49 CFR part 80—Credit Assistance for 

Surface Transportation Projects 

49 CFR part 89—Implementation of 

Federal Claims Collection Act 

Year 9 (2016) List of Rules Analyzed 

and a Summary of Results 

49 CFR part 17—Intergovernmental 

Review of Department of 

Transportation Programs and 

Activities 

• Section 610: No SEIOSNOSE. This 

rule, which implements a 1982 

Executive order, is based on an OMB 

model rule. It establishes procedures to 

ensure that DOT agency actions are 

appropriately coordinated with state 

and local governments. It imposes no 

burdens on State and local governments 

of whatever size, and the coordination 

of various policies or projects could 

help to reduce burdens on small units 

of government. 

• General: There is no current need to 

revise this rule. Any future revision 

would have to be Governmentwide. 

OST’s plain language review of this rule 

indicates the part does not need a 

substantial revision. 

49 CFR part 20—New Restrictions on 

Lobbying 

• Section 610: OST conducted a 

Section 610 review of this part and 

found no SEISNOSE. 

• General: During its review of part 

OST has concluded that this part needs 

to update definitions and subsections on 

compilation of semi-annual 

certifications. OST’s plain language 

review of this rule indicates the part 

does not need a substantial revision. 

49 CFR part 21—Nondiscrimination in 

Federally-Assisted Programs of the 

Department of Transportation 


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Effectuation of Title VI of the Civil 

Rights Act 1964 

• Section 610: OST conducted a 

Section 610 review of this part and 

found no SEISNOSE. 

• General: During its review of part 

OST has concluded that this part needs 

to be updated to reflect changes to listed 

authorities and to DOT’s structure and 

organization. OST’s plain language 

review of this rule indicates the part 

does not need a substantial revision. 

49 CFR part 22—Short-Term Lending 

Program (STLP) 

• Section 610: OST conducted a 

Section 610 review of this part and 

found no SEISNOSE. 

• General: During its review of part 

OST has concluded that further analysis 

is needed to determine the applicability 

of this part. Once determined, OST may 

initiate a rulemaking to remove these 

regulations. OST’s plain language 

review of this rule indicates the part 

does not need a substantial revision. 

49 CFR part 23—Participation of 

Disadvantaged Business Enterprise in 

Airport Concessions 

• Section 610: OST conducted a 

Section 610 review of this part and 

found no SEISNOSE. 

• General: During its review of part 

OST has concluded that this part needs 

to updated to reflect adjustments in 

business size standards, personal net 

worth ceilings, updates to instructions, 

definitions of several terms, good faith 

efforts by car rental companies, 

inclusion of a section on joint ventures, 

accurate listing of firms in UCP 

directories, and goal setting 

requirements, among other things. 

OST’s plain language review indicates 

no need for substantial revision. 

49 CFR part 24—Uniform Relocation 

Assistance and Real Property 

Acquisition for Federal and Federally 

Assisted Programs 

• Section 610: OST conducted a 

Section 610 review of this part and 

found no SEISNOSE. 

• General: Updating these regulations 

are statutorily required and require 

interagency coordination. OST would 

initiate a rulemaking to updates these 

regulations. OST’s plain language 

review of this rule indicates the part 

does not need a substantial revision. 

49 CFR part 25—Nondiscrimination on 

The Basis of Sex In Education 

Programs Or Activities Receiving 

Federal Financial Assistance 

• Section 610: OST conducted a 

Section 610 review of this part and 

found no SEISNOSE. 

• General: During its review of part 

OST has concluded that this part needs 

to be updated to reflect changes to 

several noted legal authorities and to 

DOT’s structure and organization. OST 

may initiate a rulemaking in the future 

to make these updates. OST’s plain 

language review of this rule indicates 

the part does not need a substantial 

revision. 

49 CFR part 26—Participation by 

Disadvantaged Business Enterprises 

In Department of Transportation 

Financial Assistance Programs. 

• Section 610: OST conducted a 

Section 610 review of this part and 

found no SEISNOSE. 

• General: During its review of part 

OST has concluded that this part needs 

to be updated in the following areas: 

Errors in regulatory provisions; removal 

of provisions that are routinely 

misunderstood by UCPs and recipients; 

various technical corrections; increased 

goal-setting threshold; addressing 

design-build agreements; and recipient 

failure to meet overall goals. OST may 

initiate a rulemaking in the future to 

make these updates. OST’s plain 

language review of this rule indicates 

the part does not need a substantial 

revision. 

49 CFR part 27—Nondiscrimination on 

The Basis of Disability in Programs or 

Activities Receiving Federal Financial 

Assistance. 

• Section 610: OST conducted a 

Section 610 review of this part and 

found no SEISNOSE. 

• General: During its review of part 

OST has concluded that this part needs 

to be updated to change obsolete 

language, reflect changes to several 

noted legal authorities, and to reflect 

changes to the American With 

Disabilities Act (ADA) Amendments 

Act, Public Law 110–325 (2008). OST 

may initiate a rulemaking in the future 

to make these updates. OST’s plain 

language review of this rule indicates 

the part does not need a substantial 

revision. 

49 CFR part 28—Enforcement of 

Nondiscrimination on The Basis of 

Handicap In Programs or Activities 

Conducted by The Department of 

Transportation. 

• Section 610: OST conducted a 

Section 610 review of this part and 

found no SEISNOSE. 

• General: During its review of part 

OST has concluded that this part needs 

to be updated to change obsolete 

language, reflect changes to several 

noted legal authorities, and to reflect 

changes to the American With 

Disabilities Act (ADA) Amendments 

Act, Public Law 110–325 (2008). OST 

may initiate a rulemaking in the future 

to make these updates. OST’s plain 

language review of this rule indicates 

the part does not need a substantial 

revision. 

Year 8 (2015) List of Rules Analyzed 

and a Summary of Results 

14 CFR part 399—Statements of General 

Policy 

• Section 610: OST conducted a 

Section 610 review of this part and 

found no SEISNOSE. 

• General: Since this rule was 

enacted, the Federal Aviation Act was 

revised and recodified within Subtitle 

VII of Title 49 of the United States Code 

(Pub. L. 103–272, July 5, 1994). Since 

the recodification, the Department has 

made numerous amendments to make 

the CFR consistent with the provisions 

of the current statute (49 U.S.C., Subtitle 

VII). As a result, OST will be conducting 

a rulemaking to update the economic 

regulations by modifying language to 

reflect current statutory provisions. See 

RIN 2105–AD86. OST’s plain language 

review indicates no need for substantial 

revision on that basis. 

49 CFR part 1—Organization and 

Delegation of Power and Duties 

• Section 610: OST conducted a 

review of this part and found no 

SEISNOSE. 

• General: OST reviewed these 

regulations and found that the part 

needs to be updated to reflect changes 

made in the Fixing America’s Surface 

Transportation (FAST) Act, Public Law 

114–94 (2015). OST may initiate a 

rulemaking in the future to make these 

updates. OST’s plain language review of 

these rules indicates no need for 

substantial revision. 

49 CFR part 3—Official Seal 

• Section 610: OST conducted a 

review of this part and found no 

SEISNOSE. 

• General: OST has reviewed these 

regulations and found that the part 

needs to be updated to reduce costs and 

ensure the regulations accurately 

describe the actual design of the seal. 

OST may initiate a rulemaking in the 

future to make these updates. OST’s 

plain language review of these rules 

indicates no need for substantial 

revision. 

49 CFR part 5—Rulemaking Procedures 

• Section 610: OST conducted a 

review of this part and found no 

SEISNOSE. 

• General: OST has reviewed these 

regulations and found that the part 

needs to be updated to reflect current 

Departmental procedures. OST may 

initiate a rulemaking for these purposes. 

OST’s plain language review of the rule 

indicates a potential need for revision. 


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49 CFR part 6—Implementation of Equal 

Access to Justice Act in Agency 

Proceedings 

• Section 610: OST conducted a 

review of this part and found no 

SEISNOSE. 

• General: OST has reviewed these 

regulations and found that the part 

needs to be updated to reflect the 

current content of the relevant statute. 

OST may initiate a rulemaking for these 

purposes. OST’s plain language review 

of the rule indicates a potential need for 

revision. 

49 CFR part 7—Public Availability of 

Information 

• Section 610: OST conducted a 

review of this part and found no 

SEISNOSE. 

• General: OST has reviewed these 

regulations and recently updated this 

part to reflect recent statutory changes 

to the Freedom of Information Act (82 

FR 21139, May 5, 2017). OST’s plain 

language review indicates no need for 

revision. 

49 CFR part 8—Classified Information: 

Classification/Declassification/Access 

• Section 610: OST conducted a 

Section 610 review of this part and 

found no SEISNOSE. 

• General: OST has reviewed these 

regulations and recently updated this 

part to reflect organization changes and 

updates to the legal authorities and 

references (82 FR 40076, July 15, 2016). 

OST’s plain language review indicates 

no need for further revision at this time. 

49 CFR part 9—Testimony of Employees 

of the Department and Production of 

Records in Legal Proceedings 

• Section 610: OST conducted a 

review of this part and found no 

SEISNOSE. 

• General: OST has reviewed these 

regulations and found that the part 

needs to be updated to reflect 

organizational and other changes since 

the last publication of the part. OST 

may initiate a rulemaking for these 

purposes. OST’s plain language review 

of the rule indicates a potential need for 

revision. 

49 CFR part 10—Maintenance of and 

Access to Records Pertaining to 

Individuals 

• Section 610: OST conducted a 

review of this part and found no 

SEISNOSE. 

• General: OST has reviewed these 

regulations and found that the part 

needs to be updated to reflect 

organizational and statutory changes 

since the last publication of this rule. 

OST has initiated a rulemaking for these 

purposes. OST’s plain language review 

of this rule indicates a need for revision. 

49 CFR part 11—Protection of Human 

Subjects 

• Section 610: OST conducted a 

Section 610 review of this part and 

found no SEISNOSE. 

• General: No changes are needed at 

this time. OST reviewed these 

regulations and participated in a joint 

update to the Common Rule, in 

coordination with the U.S. Department 

of Health and Human Services, 

published at 82 FR 7149 (January 19, 

2017). These regulations are cost 

effective and impose the least burden on 

the industries DOT regulates. OST’s 

plain language review of these rules 

indicates no need for substantial 

revision. 

49 CFR part 15—Protection of Sensitive 

Security Information 

• Section 610: OST conducted a 

Section 610 review of this part and 

found no SEISNOSE. 

• General: When this rule was 

enacted, it paralleled 49 CFR part 1520, 

which creates an analogous Sensitive 

Security Information regime 

administered by the Transportation 

Security Administration (TSA). Since 

that time, parts 15 and 1520 have 

diverged due to the two agencies not 

coordinating amendments to the rules. 

OST and TSA are completing a 

rulemaking to eliminate inconsistencies 

between the two rules. See RIN 2105– 

AD59. OST’s plain language review 

indicates no need for substantial 

revision on that basis. 

Year 7 (2014) List of Rules Analyzed 

and Summary of Results 

14 CFR part 374—Implementation of the 

Consumer Credit Protection Act with 

Respect to Air Carriers and Foreign 

Air Carriers 

• Section 610: OST conducted a 

Section 610 review of this part and 

found no SEISNOSE. 

• General: The reviews performed for 

the Aviation Clean-up Rule (RIN 2105– 

AD86) revealed general updates are 

needed. All changes are incorporated 

into this rule. OST’s plain language 

review indicated no need for substantial 

revision on that basis. 

14 CFR part 374a—Extension of Credit 

by Airlines to Federal Political 

Candidates 

• Section 610: OST conducted a 

Section 610 review of this part and 

found no SEISNOSE. 

• General: The reviews performed for 

the Aviation Clean-up Rule (RIN 2105– 

AD86) revealed general updates are 

needed. All changes are incorporated 

into this rule. OST’s plain language 

review indicated no need. All changes 

are incorporated into this rule. OST’s 

plain language review indicated no need 

for substantial revision on that basis. 

14 CFR part 375—Navigation of Foreign 

Civil Aircraft within the United States 

• Section 610: OST conducted a 

Section 610 review of this part and 

found no SEISNOSE. 

• General: Since this rule was 

enacted, the Federal Aviation Act was 

revised and recodified within Subtitle 

VII of Title 49 of the United States Code 

(Pub. L. 103–272, July 5, 1994). Since 

the codification, the Department has 

made numerous amendments to make 

the CFR consistent with the provisions 

of the current statute (49 U.S.C., Subtitle 

VII). As a result, OST will be conducting 

a rulemaking to update the economic 

regulations by modifying language to 

reflect current statutory provisions. See 

RIN 2105–AD86. OST’s plain language 

review indicates no need for substantial 

revision on that basis. 

14 CFR part 377—Continuance of 

Expired Authorizations by Operation 

of Law Pending Final Determination 

of Applications for Renewal Thereof 

• Section 610: OST conducted a 

Section 610 review of this part and 

found no SEISNOSE. 

• General: Since this rule was 

enacted, the Federal Aviation Act was 

revised and recodified within Subtitle 

VII of Title 49 of the United States Code 

(Pub. L. 103–272, July 5, 1994). Since 

the codification, the Department has 

made numerous amendments to make 

the CFR consistent with the provisions 

of the current statute (49 U.S.C., Subtitle 

VII). As a result, OST will be conducting 

a rulemaking to update the economic 

regulations by modifying language to 

reflect current statutory provisions. See 

RIN 2105–AD86. OST’s plain language 

review indicates no need for substantial 

revision on that basis. 

14 CFR part 380—Public Charters 

• Section 610: OST conducted a 

Section 610 review of this part and 

found no SEISNOSE. 

• General: Since this rule was 

enacted, the Federal Aviation Act was 

revised and recodified within Subtitle 

VII of Title 49 of the United States Code 

(Pub. L. 103–272, July 5, 1994). Since 

the codification, the Department has 

made numerous amendments to make 

the CFR consistent with the provisions 

of the current statute (49 U.S.C., Subtitle 

VII). As a result, OST will be conducting 

a rulemaking to update the economic 

regulations by modifying language to 

reflect current statutory provisions. See 

RIN 2105–AD86. OST’s plain language 

review indicates no need for substantial 

revision on that basis. 


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14 CFR part 381—Special Event Tours 

• Section 610: OST conducted a 

Section 610 review of this part and 

found no SEISNOSE. 

• General: No changes are needed. 

This regulation is cost effective and 

imposes the least burden. OST’s plain 

language review of this rule indicates no 

need for substantial revision. 

14 CFR part 382—Nondiscrimination on 

The Basis Of Disability in Air Travel 

• Section 610: OST conducted a 

Section 610 review of this part and 

found no SEISNOSE. 

• General: Part 382 implements the 

Air Carrier Access Act (49 U.S.C. 

41705), which broadly prohibits 

discrimination against a qualified 

individual with a disability in air 

transportation. OST’s review of Part 382 

revealed a number of areas that could 

benefit from clarification by rulemaking, 

including: Deleting compliance dates 

that have passed and are no longer 

relevant; removal of antiquated conflict 

of laws waiver request filing 

requirements; clarification of assertion 

of defense to enforcement action when 

conflict of law waiver request is filed; 

clarification of medical certificate 

requirements; reordering of certain 

sections; clarifying that Subpart G 

requires prompt boarding deplaning and 

connecting assistance; clarification of 

requirements regarding baggage 

containing assistive devices; handling of 

complaints received via social media; 

correction of typos; and certain citation 

corrections. OST’s plain language 

review indicates no need for substantial 

revision on that basis. 

14 CFR part 383—Civil Penalties 

• Section 610: OST conducted a 

Section 610 review of this part and 

found no SEISNOSE. 

• General: In accordance with the 

Federal Civil Penalties Inflation 

Adjustment Act Improvements Act of 

2015, these regulations would be 

revised to implement a catch-up 

adjustment for inflation and the 

promulgation of a direct final rule to 

complete the required annual inflation 

adjustment to the maximum civil 

penalty amounts for violations of certain 

aviation economic statutes and the rules 

and orders issued pursuant to these 

statutes. OST would also make a 

technical correction to reflect a listed 

statutory authority. OST’s plain 

language review of this rule indicates no 

need for substantial revision. 

14 CFR part 389—Fees and Charges for 

Special Services 

• Section 610: OST conducted a 

Section 610 review of this part and 

found no SEISNOSE. 

• General: Since this rule was 

enacted, the Federal Aviation Act was 

revised and recodified within Subtitle 

VII of Title 49 of the United States Code 

(Pub. L. 103–272, July 5, 1994). Since 

the codification, the Department has 

made numerous amendments to make 

the CFR consistent with the provisions 

of the current statute (49 U.S.C., Subtitle 

VII). As a result, OST will be conducting 

a rulemaking to update the economic 

regulations by modifying language to 

reflect current statutory provisions. See 

RIN 2105–AD86. OST’s plain language 

review indicates no need for substantial 

revision on that basis. 

14 CFR part 398—Guidelines for 

Individual Determinations of Basic 

Essential Air Service 

• Section 610: OST conducted a 

Section 610 review of this part and 

found no SEISNOSE. 

• General: Since this rule was 

enacted, the Federal Aviation Act was 

revised and recodified within Subtitle 

VII of Title 49 of the United States Code 

(Pub. L. 103–272, July 5, 1994). Since 

the codification, the Department has 

made numerous amendments to make 

the CFR consistent with the provisions 

of the current statute (49 U.S.C., Subtitle 

VII). As a result, OST will be conducting 

a rulemaking to update the economic 

regulations by modifying language to 

reflect current statutory provisions. See 

RIN 2105–AD86. OST’s plain language 

review indicates no need for substantial 

revision on that basis. 

Year 7 (2014) List of Rules With 

Ongoing Analysis 

14 CFR part 385—Staff Assignments and 

Review of Action under Assignments 

Year 6 (2013) List of Rules Analyzed 

and a Summary of Results 

14 CFR part 300—Rules of Conduct in 

DOT Proceedings Under This Chapter 

• Section 610: OST conducted a 

Section 610 review of this part and 

found no SEISNOSE. 

• General: Since this rule was 

enacted, the Federal Aviation Act was 

revised and recodified within Subtitle 

VII of Title 49 of the United States Code 

(Pub. L. 103–272, July 5, 1994). Since 

the codification, the Department has 

made numerous amendments to make 

the CFR consistent with the provisions 

of the current statute (49 U.S.C., Subtitle 

VII). As a result, OST will be conducting 

a rulemaking to update the economic 

regulations by modifying language to 

reflect current statutory provisions. See 

RIN 2105–AD86. OST’s plain language 

review indicates no need for substantial 

revision on that basis. 

14 CFR part 302—Rules of Practice in 

Proceedings 

• Section 610: OST conducted a 

Section 610 review of this part and 

found no SEISNOSE. 

• General: Since this rule was 

enacted, the Federal Aviation Act was 

revised and recodified within Subtitle 

VII of Title 49 of the United States Code 

(Pub. L. 103–272, July 5, 1994). Since 

the codification, the Department has 

made numerous amendments to make 

the CFR consistent with the provisions 

of the current statute (49 U.S.C., Subtitle 

VII). As a result, OST will be conducting 

a rulemaking to update the economic 

regulations by modifying language to 

reflect current statutory provisions. See 

RIN 2105–AD86. OST’s plain language 

review indicates no need for substantial 

revision on that basis. 

14 CFR part 303—Review of Air Carrier 

Agreements 

• Section 610: OST conducted a 

Section 610 review of this part and 

found no SEISNOSE. 

• General: Since this rule was 

enacted, the Federal Aviation Act was 

revised and recodified within Subtitle 

VII of Title 49 of the United States Code 

(Pub. L. 103–272, July 5, 1994). Since 

the codification, the Department has 

made numerous amendments to make 

the CFR consistent with the provisions 

of the current statute (49 U.S.C., Subtitle 

VII). As a result, OST will be conducting 

a rulemaking to update the economic 

regulations by modifying language to 

reflect current statutory provisions. See 

RIN 2105–AD86. OST’s plain language 

review indicates no need for substantial 

revision on that basis. 

14 CFR part 305—Rules of Practice in 

Informal Nonpublic Investigations 

• Section 610: OST conducted a 

Section 610 review of this part and 

found no SEISNOSE. 

• General: Section 305 should be 

updated to reflect current practice 

regarding procedures such as retention 

of evidence. The update will be made in 

a rulemaking addressing other updates 

to the rules. See RIN 2105–AD86. OST’s 

plain language review indicates no need 

for substantial revision on that basis. 

14 CFR part 313—Implementation of the 

Energy Policy and Conservation Act 

• Section 610: OST conducted a 

Section 610 review of this part and 

found no SEISNOSE. 

• General: These regulations would 

need to be updated to conform with 

existing statute. However further 

analysis is needed because the statute 

applies only to certain Title 49 actions. 

OST’s plain language review indicates 

no need for substantial revision on that 

basis. 


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14 CFR part 323—Terminations, 

Suspensions, and Reductions of 

Service 

• Section 610: OST conducted a 

Section 610 review of this part and 

found no SEISNOSE. 

• General: Since this rule was 

enacted, the Federal Aviation Act was 

revised and recodified within Subtitle 

VII of Title 49 of the United States Code 

(Pub. L. 103–272, July 5, 1994). Since 

the codification, the Department has 

made numerous amendments to make 

the CFR consistent with the provisions 

of the current statute (49 U.S.C., Subtitle 

VII). As a result, OST will be conducting 

a rulemaking to update the economic 

regulations by modifying language to 

reflect current statutory provisions. See 

RIN 2105–AD86. OST’s plain language 

review indicates no need for substantial 

revision on that basis. 

14 CFR part 325—Essential Air Service 

Procedures 

• Section 610: OST conducted a 

Section 610 review of this part and 

found no SEISNOSE. 

• General: Since this rule was 

enacted, the Federal Aviation Act was 

revised and recodified within Subtitle 

VII of Title 49 of the United States Code 

(Pub. L. 103–272, July 5, 1994). Since 

the codification, the Department has 

made numerous amendments to make 

the CFR consistent with the provisions 

of the current statute (49 U.S.C., Subtitle 

VII). As a result, OST will be conducting 

a rulemaking to update the economic 

regulations by modifying language to 

reflect current statutory provisions. See 

RIN 2105–AD86. OST’s plain language 

review indicates no need for substantial 

revision on that basis. 

14 CFR part 330—Procedures For 

Compensation of Air Carriers 

• Section 610: OST conducted a 

Section 610 review of this part and 

found no SEISNOSE. 

• General: Part 330 established 

procedures implementing the airline 

compensation section of the Air 

Transportation Safety and System 

Stabilization Act, which was enacted 

following the terrorist attacks of 

September 11, 2001, Public Law 107–42, 

(Sept. 22, 2001) (the Stabilization Act). 

Section 103 of the Stabilization Act 

appropriated up to $5 billion, to be 

administered by the Department of 

Transportation, to compensate air 

carriers for losses they incurred due to 

the attacks. Part 330 set out carrier 

eligibility criteria, forms for applying for 

the compensation payments, details on 

types of losses that would and would 

not be eligible for compensation, audit 

procedures, and details on a set-aside 

program for certain air taxis, commuter 

carriers, and other small carriers. Of the 

427 applications processed, 407 

applicants were deemed eligible under 

part 330. These carriers received 

payments in a total amount of $4.6 

billion. All eligible appropriations have 

been completed and payments have 

now been processed and paid, and all 

functions and responsibilities under this 

section have been fulfilled. As a result, 

Part 330 serves no further purpose and 

should be removed. See RIN 2105– 

AD86. OST’s plain language review 

indicates no need for substantial 

revision on that basis. 

14 CFR part 372—Overseas Military 

Personnel Charters 

• Section 610: OST conducted a 

Section 610 review of this part and 

found no SEISNOSE. 

• General: OST’s general review of 

the regulations indicates that they may 

be duplicative of other DOT regulations 

governing charters. Therefore, OST will 

conduct a rulemaking to evaluate the 

necessity of part 372 and to rescind it 

if necessary. OST’s plain language 

review of these rules indicates no need 

for substantial revision on that basis. 

Year 5 (Fall 2012) List of Rules 

Analyzed and a Summary of Results 

14 CFR part 255—Airline Computer 

Reservations Systems 

• Section 610: OST conducted a 

Section 610 review of this part and 

found no SEISNOSE. 

• General: This provision was 

promulgated with a termination date of 

July 31, 2004, unless extended. The rule 

was not extended; therefore, it is no 

longer in effect. These regulations were 

removed in a final rule under RIN– 

2105–AE11. 

14 CFR part 256—Electronic Airline 

Information Systems 

• Section 610: OST conducted a 

Section 610 review of this part and 

found no SEISNOSE. 

• General: No changes needed. This 

regulation is cost effective and imposes 

the least burden. OST’s plain language 

review of this rule indicates no need for 

substantial revision. 

14 CFR part 257—Disclosure of CodeSharing Arrangements and Long Term 

Wet-Leases 

• Section 610: OST conducted a 

Section 610 review of this part and 

found no SEISNOSE. 

• General: Since this rule was 

enacted, the Federal Aviation Act was 

revised and recodified within Subtitle 

VII of Title 49 of the United States Code 

(Pub. L. 103–272, July 5, 1994). Since 

the codification, the Department has 

made numerous amendments to make 

the CFR consistent with the provisions 

of the current statute (49 U.S.C., Subtitle 

VII). As a result, OST will be conducting 

a rulemaking to update the economic 

regulations by modifying language to 

reflect current statutory provisions. See 

RIN 2105–AD86. OST’s plain language 

review indicates no need for substantial 

revision on that basis. 

14 CFR part 259—Enhanced Protections 

for Airline Passenger 

• Section 610: OST conducted a 

Section 610 review of this part and 

found no SEISNOSE. 

• General: This regulation would 

need updating to conform with changes 

made in the FAA Extension, Safety, and 

Security Act of 2016. OST’s plain 

language review indicates no need for 

substantial revision. 

14 CFR part 271—Guidelines for 

Subsidizing Air Carriers Providing 

Essential Air Transportation 

• Section 610: OST conducted a 

Section 610 review of this part and 

found no SEISNOSE. 

• General: Since this rule was 

enacted, the Federal Aviation Act was 

revised and recodified within Subtitle 

VII of Title 49 of the United States Code 

(Pub. L. 103–272, July 5, 1994). Since 

the codification, the Department has 

made numerous amendments to make 

the CFR consistent with the provisions 

of the current statute (49 U.S.C., Subtitle 

VII). As a result, OST will be conducting 

a rulemaking to update the economic 

regulations by modifying language to 

reflect current statutory provisions. See 

RIN 2105–AD86. OST’s plain language 

review indicates no need for substantial 

revision on that basis. 

14 CFR part 272—Essential Air Service 

to the Freely Associated States 

• Section 610: OST conducted a 

Section 610 review of this part and 

found no SEISNOSE. 

• General: Part 272 established 

essential air service procedures for the 

Freely Associated States comprising the 

Federated States of Micronesia (Ponape, 

Truk and Yap), the Marshall Islands 

(Majuro and Kwajalein), and Koror in 

Palau. The procedures include 

requirements for airlines to file notice 

before suspending service, an obligation 

to continue to provide service when 

subsidy is available, and carrierselection criteria. Section 272.12 states, 

‘‘These provisions shall terminate on 

October 1, 1998, unless the essential air 

service program to the Federated States 

of Micronesia, the Marshall Islands and 

Palau is specifically extended by 

Congress.’’ Congress did not extend the 

program (Pub. L. 101–219, Sec. 110(b), 


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(Dec.12,1989)). Thus, the statutory basis 

for the regulation no longer exists and 

Part 272 should be removed. See RIN 

2105–AD86. OST’s plain language 

review indicates no need for substantial 

revision on that basis. 

14 CFR part 291—Cargo Operations in 

Interstate Air Transportation 

• Section 610: OST conducted a 

Section 610 review of this part and 

found no SEISNOSE. 

• General: Since this rule was 

enacted, the Federal Aviation Act was 

revised and recodified within Subtitle 

VII of Title 49 of the United States Code 

(Pub. L. 103–272, July 5, 1994). Since 

the codification, the Department has 

made numerous amendments to make 

the CFR consistent with the provisions 

of the current statute (49 U.S.C., Subtitle 

VII). As a result, OST will be conducting 

a rulemaking to update the economic 

regulations by modifying language to 

reflect current statutory provisions. See 

RIN 2105–AD86. OST’s plain language 

review indicates no need for substantial 

revision on that basis. 

14 CFR part 293—International 

Passenger Transportation 

• Section 610: OST conducted a 

Section 610 review of this part and 

found no SEISNOSE 

• General: No changes are needed. 

This regulation is cost effective and 

imposes the least burden. OST’s plain 

language review of this rule indicates no 

need for substantial revision. 

14 CFR part 294—Canadian Charter Air 

Taxi Operators 

• Section 610: OST conducted a 

Section 610 review of this part and 

found no SEISNOSE. 

• General: Since this rule was 

enacted, the Federal Aviation Act was 

revised and recodified within Subtitle 

VII of Title 49 of the United States Code 

(Pub. L. 103–272, July 5, 1994). Since 

the codification, the Department has 

made numerous amendments to make 

the CFR consistent with the provisions 

of the current statute (49 U.S.C., Subtitle 

VII). As a result, OST will be conducting 

a rulemaking to update the economic 

regulations by modifying language to 

reflect current statutory provisions. See 

RIN 2105–AD86. OST’s plain language 

review indicates no need for substantial 

revision on that basis. 

14 CFR part 296—Indirect Air 

Transportation of Property 

• Section 610: OST conducted a 

Section 610 review of this part and 

found no SEISNOSE. 

• General: Since this rule was 

enacted, the Federal Aviation Act was 

revised and recodified within Subtitle 

VII of Title 49 of the United States Code 

(Pub. L. 103–272, July 5, 1994). Since 

the codification, the Department has 

made numerous amendments to make 

the CFR consistent with the provisions 

of the current statute (49 U.S.C., Subtitle 

VII). As a result, OST will be conducting 

a rulemaking to update the economic 

regulations by modifying language to 

reflect current statutory provisions. See 

RIN 2105–AD86. OST’s plain language 

review indicates no need for substantial 

revision on that basis. 

14 CFR part 297—Foreign Air Freight 

Forwarders and Foreign Cooperative 

Shippers Associations 

• Section 610: OST conducted a 

Section 610 review of this part and 

found no SEISNOSE. 

• General: Since this rule was 

enacted, the Federal Aviation Act was 

revised and recodified within Subtitle 

VII of Title 49 of the United States Code 

(Pub. L. 103–272, July 5, 1994). Since 

the codification, the Department has 

made numerous amendments to make 

the CFR consistent with the provisions 

of the current statute (49 U.S.C., Subtitle 

VII). As a result, OST will be conducting 

a rulemaking to update the economic 

regulations by modifying language to 

reflect current statutory provisions. See 

RIN 2105–AD86. OST’s plain language 

review indicates no need for substantial 

revision on that basis. 

14 CFR part 298—Exemptions for Air 

Taxi and Commuter Air Carrier 

Operations 

• Section 610: OST conducted a 

Section 610 review of this part and 

found no SEISNOSE. 

• General: Since this rule was 

enacted, the Federal Aviation Act was 

revised and recodified within Subtitle 

VII of Title 49 of the United States Code 

(Pub. L. 103–272, July 5, 1994). Since 

the codification, the Department has 

made numerous amendments to make 

the CFR consistent with the provisions 

of the current statute (49 U.S.C., Subtitle 

VII). As a result, OST will be conducting 

a rulemaking to update the economic 

regulations by modifying language to 

reflect current statutory provisions. See 

RIN 2105–AD86. OST’s plain language 

review indicates no need for substantial 

revision on that basis. 

49 CFR part 40—Procedures for 

Transportation Workplace Drug and 

Alcohol Testing Programs 

• Section 610: OST conducted a 

Section 610 review of this part and 

found no SEISNOSE. 

• General: The OST review of this 

regulation indicated a need to 

harmonize it with the Department of 

Health and Human Services 

requirements by adding additional 

drugs requiring testing. OST’s plain 

language review indicated no need for 

substantial revision on that basis. 

Year 5 (Fall 2012) List of Rules With 

Ongoing Analysis 

14 CFR part 258—Disclosure of Changeof-Gauge Services 

14 CFR part 292—International Cargo 

Transportation 

Year 4 (Fall 2011) List of Rules 

Analyzed and a Summary of Results 

14 CFR part 234—Airline Service 

Quality Performance Reports 

• Section 610: OST conducted a 

Section 610 review of this part and 

found no SEISNOSE. 

• General: In December 2016, this 

part was reviewed as part of the rule for 

Enhancing Airline Passenger Protections 

(see RIN 2105–AE11). Also, OST is 

proposing a rulemaking action under 

RIN 2105–AE68 addressing how carriers 

would report cancelled flights that are 

satisfied by a partner airline. OST’s 

plain language review indicated no need 

for substantial revision on that basis. 

14 CFR part 235—Reports by Air 

Carriers on the Incidents Involving 

Animals During Air Transport 

• Section 610: OST conducted a 

Section 610 review of this part and 

found no SEISNOSE 

• General: No changes are needed. 

This regulation is cost effective and 

imposes the least burden. OST’s plain 

language review of this rule indicates no 

need for substantial revision. 

14 CFR part 240—Inspection of 

Accounts and Property 

• Section 610: OST conducted a 

Section 610 review of this part and 

found no SEISNOSE. 

• General: The review revealed that 

general updates are needed. All changes 

are incorporated into the Aviation 

Clean-up Rule. See RIN 2105–AD86. 

OST’s plain language review indicates 

no need for substantial revision on that 

basis. 

14 CFR part 241—Uniform System of 

Accounts and Reports for Large 

Certificated Air Carriers 

• Section 610: OST conducted a 

Section 610 review of this part and 

found no SEISNOSE. 

• General: The reviews performed for 

the Aviation Clean-up Rule (RIN 2105– 

AD86) revealed general updates are 

needed and all changes are incorporated 

into this rule. OST’s plain language 

review indicated no need for substantial 

revision on that basis. 

14 CFR part 243—Passenger Manifest 

Information 


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• Section 610: OST conducted a 

Section 610 review of this part and 

found no SEISNOSE. 

• General: Since this rule was 

enacted, the Federal Aviation Act was 

revised and recodified within Subtitle 

VII of Title 49 of the United States Code 

(Pub. L. 103–272, July 5, 1994). Since 

the codification, the Department has 

made numerous amendments to make 

the CFR consistent with the provisions 

of the current statute (49 U.S.C., Subtitle 

VII). As a result, OST will be conducting 

a rulemaking to update the economic 

regulations by modifying language to 

reflect current statutory provisions. See 

RIN 2105–AD86. OST’s plain language 

review indicates no need for substantial 

revision on that basis. 

14 CFR part 244—Reporting Tarmac 

Delay Data 

• Section 610: OST conducted a 

Section 610 review of this part and 

found no SEISNOSE. 

• General: OST’s review revealed that 

the language ‘‘a tarmac delay of three 

hours or more,’’ in section 244.3(a) is 

inaccurate and was the result of a 

drafting oversight. The language should 

be amended to, ‘‘a tarmac delay of more 

than three hours.’’ Also, there was a 

field omission regarding the information 

airlines must include as part of their 

Form 244 report. Subpart 244.3(a)(18) 

should be added with the language, 

‘‘Total length of tarmac delay over three 

hours.’’ . As a result, OST will be 

conducting a rulemaking to update the 

regulation by modifying language. 

OST’s plain language review of these 

rules indicates no need for substantial 

revision. 

14 CFR part 247—Direct Airport-toAirport Mileage Records 

• Section 610: OST conducted a 

Section 610 review of this part and 

found no SEISNOSE. 

• General: Since this rule was 

enacted, the Federal Aviation Act was 

revised and recodified within Subtitle 

VII of Title 49 of the United States Code 

(Pub. L. 103–272, July 5, 1994). Since 

the codification, the Department has 

made numerous amendments to make 

the CFR consistent with the provisions 

of the current statute (49 U.S.C., Subtitle 

VII). As a result, OST will be conducting 

a rulemaking to update the economic 

regulations by modifying language to 

reflect current statutory provisions. See 

RIN 2105–AD86. OST’s plain language 

review indicates no need for substantial 

revision on that basis. 

14 CFR part 248—Submission of Audit 

Reports 

• Section 610: OST conducted a 

Section 610 review of this part and 

found no SEISNOSE. 

• General: Since this rule was 

enacted, the Federal Aviation Act was 

revised and recodified within Subtitle 

VII of Title 49 of the United States Code 

(Pub. L. 103–272, July 5, 1994). Since 

the codification, the Department has 

made numerous amendments to make 

the CFR consistent with the provisions 

of the current statute (49 U.S.C., Subtitle 

VII). As a result, OST will be conducting 

a rulemaking to update the economic 

regulations by modifying language to 

reflect current statutory provisions. See 

RIN 2105–AD86. OST’s plain language 

review indicates no need for substantial 

revision on that basis. 

14 CFR part 249—Preservation of Air 

Carrier Records 

• Section 610: OST conducted a 

Section 610 review of this part and 

found no SEISNOSE. 

• General: Since this rule was 

enacted, the Federal Aviation Act was 

revised and recodified within Subtitle 

VII of Title 49 of the United States Code 

(Pub. L. 103–272, July 5, 1994). Since 

the codification, the Department has 

made numerous amendments to make 

the CFR consistent with the provisions 

of the current statute (49 U.S.C., Subtitle 

VII). As a result, OST will be conducting 

a rulemaking to update the economic 

regulations by modifying language to 

reflect current statutory provisions. See 

RIN 2105–AD86. OST’s plain language 

review indicates no need for substantial 

revision on that basis. 

14 CFR part 250—Oversales 

• Section 610: OST conducted a 

Section 610 review of this part and 

found no SEISNOSE. 

• General: This part was last revised 

in August 2015 to adjust denied 

boarding compensation amounts for 

inflation (80 FR 30144). OST is 

considering revising several sections 

(250.5, 250.9, and 250.11) for plain 

language. OST is also considering 

general revisions to conform with new 

rules allowing for electronic payment of 

denied boarding compensation, and to 

account for the prevalence of eticketing. 

14 CFR part 251—Carriage of Musical 

Instruments 

• Section 610: OST conducted a 

Section 610 review of this part and 

found no SEISNOSE. 

• General: This regulation 

implements section 403 of the FAA 

Modernization and Reform Act of 2012 

regarding the carriage of musical 

instruments as carry-on baggage or 

checked baggage on commercial 

passenger flights operated by air 

carriers. The rule text implements the 

statute verbatim. There is no further 

action necessary. 

14 CFR part 252—Smoking Aboard 

Aircraft 

• Section 610: OST conducted a 

Section 610 review of this part and 

found no SEISNOSE. 

• General: This part was thoroughly 

revised in March 2016 (81 FR 11415). 

There is no further action necessary at 

this time. The rule is currently being 

challenged in the D.C. Circuit (CEI vs. 

DOT; #16–1128). Revisions may be 

required if the suit is successful. OST’s 

plain language review indicates no need 

for substantial revision on that basis. 

14 CFR part 253—Notice of Terms of 

Contract of Carriage 

• Section 610: OST conducted a 

Section 610 review of this part and 

found no SEISNOSE. 

• General: This part was last revised, 

in part, in April 2011 (76 FR 26163). 

OST has decided that additional 

editorial updates are needed and to 

remove certain outdated language. OST 

has determined that Sections 253.1, 

253.2, and 253.10 should be revised for 

plain language. 

14 CFR part 254—Domestic Baggage 

Liability 

• Section 610: OST conducted a 

Section 610 review of this part and 

found no SEISNOSE. 

• General: This part was last revised 

in August 2015 to adjust domestic 

baggage liability limits (80 FR 30144). 

OST is considering revising several 

sections (254.1 and 254.2) for plain 

language. No other revisions are 

necessary. 

14 CFR part 259—Enhancing 

Protections for Airline Passengers 

• Section 610: OST conducted a 

Section 610 review of this part and 

found no SEISNOSE. 

• General: This part was last revised 

in 2009, OST has determined that 

changes are needed to make sections 

259.3 and 259.4 consistent with 49 

U.S.C. 42301. OST has a proposed 

rulemaking action under RIN 2105– 

AE47 that would make the necessary 

updates to this regulation. OST’s plain 

language review indicates no need for 

substantial revision on that basis. 

Year 3 (Fall 2010) List of Rules 

Analyzed and a Summary of Results 

14 CFR part 213—Terms, Conditions, 

and Limitations of Foreign Air Carrier 

Permits 

• Section 610: OST conducted a 

Section 610 review of this part and 

found no SEISNOSE. 

• General: No changes are needed. 

OST plain language review of these 

rules indicates no need for substantial 

revision. 


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14 CFR part 214—Terms, Conditions, 

and Limitations of Foreign Air Carrier 

Permits Authorizing Charter 

Transportation Only 

• Section 610: OST conducted a 

Section 610 review of this part and 

found no SEISNOSE. 

• General: Since this rule was 

enacted, the Federal Aviation Act was 

revised and recodified within Subtitle 

VII of Title 49 of the United States Code 

(Pub. L. 103–272, July 5, 1994). Since 

the codification, the Department has 

made numerous amendments to make 

the CFR consistent with the provisions 

of the current statute (49 U.S.C., Subtitle 

VII). As a result, OST will be conducting 

a rulemaking to update the economic 

regulations by modifying language to 

reflect current statutory provisions. See 

RIN 2105–AD86. OST’s plain language 

review indicates no need for substantial 

revision on that basis. 

14 CFR part 215—Use and Change of 

Names of Air Carriers, Foreign Air 

Carriers, and Commuter Air Carriers 

• Section 610: OST conducted a 

Section 610 review of this part and 

found no SEISNOSE. 

• General: Since this rule was 

enacted, the Federal Aviation Act was 

revised and recodified within Subtitle 

VII of Title 49 of the United States Code 

(Pub. L. 103–272, July 5, 1994). Since 

the codification, the Department has 

made numerous amendments to make 

the CFR consistent with the provisions 

of the current statute (49 U.S.C., Subtitle 

VII). As a result, OST will be conducting 

a rulemaking to update the economic 

regulations by modifying language to 

reflect current statutory provisions. See 

RIN 2105–AD86. OST’s plain language 

review indicates no need for substantial 

revision on that basis. 

14 CFR part 216—Commingling of Blind 

Sector Traffic by Foreign Air Carriers 

• Section 610: OST conducted a 

Section 610 review of this part and 

found no SEISNOSE. 

• General: Since this rule was 

enacted, the Federal Aviation Act was 

revised and recodified within Subtitle 

VII of Title 49 of the United States Code 

(Pub. L. 103–272, July 5, 1994). Since 

the codification, the Department has 

made numerous amendments to make 

the CFR consistent with the provisions 

of the current statute (49 U.S.C., Subtitle 

VII). As a result, OST will be conducting 

a rulemaking to update the economic 

regulations by modifying language to 

reflect current statutory provisions. See 

RIN 2105–AD86. OST’s plain language 

review indicates no need for substantial 

revision on that basis. 

14 CFR part 217—Reporting Traffic 

Statistics by Foreign Air Carriers in 

Civilian Scheduled, Charter, and 

Nonscheduled Services 

• Section 610: OST conducted a 

Section 610 review of this part and 

found no SEISNOSE. 

• General: The reviews performed for 

the Aviation Clean-up Rule (RIN 2105– 

AD86) revealed general updates are 

needed. All changes are incorporated 

into this rule. OST’s plain language 

review indicated no need for substantial 

revision on that basis. 

14 CFR part 218—Lease by Foreign Air 

Carrier or Other Foreign Person of 

Aircraft With Crew 

• Section 610: OST conducted a 

Section 610 review of this part and 

found no SEISNOSE. 

• General: Since this rule was 

enacted, the Federal Aviation Act was 

revised and recodified within Subtitle 

VII of Title 49 of the United States Code 

(Pub. L. 103–272, July 5, 1994). Since 

the codification, the Department has 

made numerous amendments to make 

the CFR consistent with the provisions 

of the current statute (49 U.S.C., Subtitle 

VII). As a result, OST will be conducting 

a rulemaking to update the economic 

regulations by modifying language to 

reflect current statutory provisions. See 

RIN 2105–AD86. OST’s plain language 

review indicates no need for substantial 

revision on that basis. 

14 CFR part 221—Tariffs 

• Section 610: OST conducted a 

Section 610 review of this part and 

found no SEISNOSE. 

• General: Since this rule was 

enacted, the Federal Aviation Act was 

revised and recodified within Subtitle 

VII of Title 49 of the United States Code 

(Pub. L. 103–272, July 5, 1994). Since 

the codification, the Department has 

made numerous amendments to make 

the CFR consistent with the provisions 

of the current statute (49 U.S.C., Subtitle 

VII). As a result, OST will be conducting 

a rulemaking to update the economic 

regulations by modifying language to 

reflect current statutory provisions. See 

RIN 2105–AD86. OST’s plain language 

review indicates no need for substantial 

revision on that basis. 

14 CFR part 222—Intermodal Cargo 

Services by Foreign Air Carriers 

• Section 610: OST conducted a 

Section 610 review of this part and 

found no SEISNOSE. 

• General: Since this rule was 

enacted, the Federal Aviation Act was 

revised and recodified within Subtitle 

VII of Title 49 of the United States Code 

(Pub. L. 103–272, July 5, 1994). Since 

the codification, the Department has 

made numerous amendments to make 

the CFR consistent with the provisions 

of the current statute (49 U.S.C., Subtitle 

VII). As a result, OST will be conducting 

a rulemaking to update the economic 

regulations by modifying language to 

reflect current statutory provisions. See 

RIN 2105–AD86. OST’s plain language 

review indicates no need for substantial 

revision on that basis. 

14 CFR part 223—Free and ReducedRate Transportation 

• Section 610: OST conducted a 

Section 610 review of this part and 

found no SEISNOSE. 

• General: Since this rule was 

enacted, the Federal Aviation Act was 

revised and recodified within Subtitle 

VII of Title 49 of the United States Code 

(Pub. L. 103–272, July 5, 1994). Since 

the codification, the Department has 

made numerous amendments to make 

the CFR consistent with the provisions 

of the current statute (49 U.S.C., Subtitle 

VII). As a result, OST will be conducting 

a rulemaking to update the economic 

regulations by modifying language to 

reflect current statutory provisions. See 

RIN 2105–AD86. OST’s plain language 

review indicates no need for substantial 

revision on that basis. 

14 CFR part 232—Transportation of 

Mail, Review of Orders of Postmaster 

General 

• Section 610: OST conducted a 

Section 610 review of this part and 

found no SEISNOSE. 

• General: Part 232 established 

procedures for a party aggrieved by an 

order of the Postmaster General to 

request a review by DOT. In 2008, 

amendments to 49 U.S.C. 41902 

removed from the statute the authority 

for the Secretary of Transportation to 

amend, modify, suspend, or cancel an 

order of the Postal Service (Pub. L. 110– 

405, Jan. 4, 2008). Accordingly, the 

statutory basis for part 232 regulations 

no longer exists and part 232 should be 

removed. See RIN 2105–AD86. OST’s 

plain language review indicates no need 

for substantial revision on that basis. 

Year 2 (Fall 2009) List of Rules With 

Ongoing Analysis 

48 CFR part 1200—[Reserved] 

48 CFR part 1201—Federal Acquisition 

Regulations System 

48 CFR part 1202—Definitions of Words 

and Terms— 

48 CFR part 1203—Improper Business 

Practices and Personal Conflicts of 

Interest 

48 CFR part 1204—Administrative 

Matters 

48 CFR part 1205—Publicizing Contract 

Actions 

48 CFR part 1206—Competition 

Requirements 

48 CFR part 1207—Acquisition 

Planning 


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48 CFR part 1208–1210—[Reserved] 

48 CFR part 1211—Describing Agency 

Needs 

48 CFR part 1212—[Reserved] 

48 CFR part 1213—Simplified 

Acquisition Procedures 

48 CFR part 1214—Sealed Bidding 

48 CFR part 1215—Contracting By 

Negotiation 

48 CFR part 1216—Types of Contracts 

48 CFR part 1217—Special Contracting 

Methods 

48 CFR part 1218—[Reserved] 

48 CFR part 1219—Small Business 

Programs 

48 CFR part 1220—1221—[Reserved] 

48 CFR part 1222—Application of Labor 

Laws To Government Acquisitions 

48 CFR part 1223—Environment, Energy 

and Water Efficiency, Renewable 

Energy Technologies, Occupational 

Safety, and Drug-Free Workplace 

48 CFR part 1224—Protection of Privacy 

and Freedom of Information 

48 CFR part 1225–1226—[Reserved] 

48 CFR part 1227—Patents, Data, and 

Copyrights 

48 CFR part 1228—Bonds and Insurance 

48 CFR part 1229–130—[Reserved] 

48 CFR part 1231—Contract Cost 

Principles and Procedures 

48 CFR part 1232—Contract Financing 

48 CFR part 1233—Protests, Disputes, 

and Appeals 

48 CFR part 1234—[Reserved] 

48 CFR part 1235—Research and 

Development Contracting 

48 CFR part 1236—Construction and 

Architect-Engineer Contracts 

48 CFR part 1237—Service Contracting 

48 CFR part 1238—[Reserved] 

48 CFR part 1239—Acquisition of 

Information Technology 

48 CFR part 1240–1241—[Reserved] 

48 CFR part 1242—Contract 

Administration and Audit Services 

48 CFR part 1243–1244—[Reserved] 

48 CFR part 1245—Government 

Property 

48 CFR part 1246—Quality Assurance 

48 CFR part 1247—Transportation 

48 CFR part 1248–1251—[Reserved] 

48 CFR part 1252—Solicitation 

Provisions and Contract Clauses 

48 CFR part 1253—Forms 

48 CFR part 1254–1299—Reserved 

Year 1 (Fall 2008) List of Rules 

Analyzed and a Summary of Results 

49 CFR part 91—International Air 

Transportation Fair Competitive 

Practices 

• Section 610: OST conducted a 

Section 610 review of this part and 

found no SEISNOSE. 

• General: Since this rule was 

enacted, the International Air 

Transportation Fair Competitive 

Practices Act of 1974 was revised and 

recodified within Subtitle VII of Title 49 

of the United States Code (Pub. L. 103– 

272, July 5, 1994). Furthermore, under 

the Airline Deregulation Act of 1978, 

the authority of the Civil Aeronautics 

Board was transferred to the Department 

of Transportation. As a result, OST will 

seek to conduct a rulemaking to rescind 

the rule. OST’s plain language review 

indicates no need for substantial 

revision on that basis. 

49 CFR part 92—Recovering Debts to the 

United States by Salary Offset 

• Section 610: OST conducted a 

Section 610 review of this part and 

found no SEISNOSE. 

• General: Changes are needed to 

make the regulations current regarding 

certain administrative updates and 

removal of outdated language. These 

regulations are cost effective and impose 

the least burden. OST’s plain language 

review of these rules indicates no need 

for substantial revision. 

49 CFR part 93—Aircraft Allocation 

• Section 610: OST conducted a 

Section 610 review of this part and 

found no SEISNOSE. 

• General: Upon OST review of this 

rule it is recommended that to 

regulation is repealed. However, before 

moving forward DOT will need to 

ascertain if this action would impact 

DOD’s implementation of the Civil 

Reserve Air fleet Program. OST’s plain 

language review of these rules indicates 

no need for substantial revision. 

49 CFR part 98—Enforcement of 

Restrictions on Post-Employment 

Activities 

• Section 610: OST conducted a 

Section 610 review of this part and 

found no SEISNOSE. 

• General: OST is considering a 

rulemaking to rescind this rule since 

there is already adequate procedure for 

referral of violations of the criminal 

post-Government employment rules to 

the Inspector General or the Department 

of Justice. See 5 CFR 2638.502. 

49 CFR part 99—Employee 

Responsibilities and Conduct 

• Section 610: OST conducted a 

Section 610 review of this part and 

found no SEISNOSE. 

• General: Recommend rulemaking to 

rescind this rule. 

14 CFR part 200—Definitions and 

Instructions 

• Section 610: OST conducted a 

Section 610 review of this part and 

found no SEISNOSE. 

• General: Since this rule was 

enacted, the Federal Aviation Act was 

revised and recodified within Subtitle 

VII of Title 49 of the United States Code 

(Pub. L. 103–272, July 5, 1994). Since 

the codification, the Department has 

made numerous amendments to make 

the CFR consistent with the provisions 

of the current statute (49 U.S.C., Subtitle 

VII). As a result, OST will be conducting 

a rulemaking to update the economic 

regulations by modifying language to 

reflect current statutory provisions. See 

RIN 2105–AD86. OST’s plain language 

review indicates no need for substantial 

revision on that basis. 

14 CFR part 201—Air Carrier Authority 

Under Subtitle VII of Title 49 of the 

United States Code [Amended] 

• Section 610: OST conducted a 

Section 610 review of this part and 

found no SEISNOSE. 

• General: Since this rule was 

enacted, the Federal Aviation Act was 

revised and recodified within Subtitle 

VII of Title 49 of the United States Code 

(Pub. L. 103–272, July 5, 1994). Since 

the codification, the Department has 

made numerous amendments to make 

the CFR consistent with the provisions 

of the current statute (49 U.S.C., Subtitle 

VII). As a result, OST will be conducting 

a rulemaking to update the economic 

regulations by modifying language to 

reflect current statutory provisions. See 

RIN 2105–AD86. OST’s plain language 

review indicates no need for substantial 

revision on that basis. 

14 CFR part 203—Waiver of Warsaw 

Convention Liability Limits and 

Defenses 

• Section 610: OST conducted a 

Section 610 review of this part and 

found no SEISNOSE. 

• General: Since this rule was 

enacted, the Federal Aviation Act was 

revised and recodified within Subtitle 

VII of Title 49 of the United States Code 

(Pub. L. 103–272, July 5, 1994). Since 

the codification, the Department has 

made numerous amendments to make 

the CFR consistent with the provisions 

of the current statute (49 U.S.C., Subtitle 

VII). As a result, OST will be conducting 

a rulemaking to update the economic 

regulations by modifying language to 

reflect current statutory provisions. See 

RIN 2105–AD86. OST’s plain language 

review indicates no need for substantial 

revision on that basis. 

14 CFR part 204—Data to Support 

Fitness Determinations 

• Section 610: OST conducted a 

Section 610 review of this part and 

found no SEISNOSE. 

• General: Since this rule was 

enacted, the Federal Aviation Act was 

revised and recodified within Subtitle 

VII of Title 49 of the United States Code 

(Pub. L. 103–272, July 5, 1994). Since 


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the codification, the Department has 

made numerous amendments to make 

the CFR consistent with the provisions 

of the current statute (49 U.S.C., Subtitle 

VII). As a result, OST will be conducting 

a rulemaking to update the economic 

regulations by modifying language to 

reflect current statutory provisions. See 

RIN 2105–AD86. OST’s plain language 

review indicates no need for substantial 

revision on that basis. 

14 CFR part 205—Aircraft Accident 

Liability Insurance 

• Section 610: OST conducted a 

Section 610 review of this part and 

found no SEISNOSE. 

• General: Since this rule was 

enacted, the Federal Aviation Act was 

revised and recodified within Subtitle 

VII of Title 49 of the United States Code 

(Pub. L. 103–272, July 5, 1994). Since 

the codification, the Department has 

made numerous amendments to make 

the CFR consistent with the provisions 

of the current statute (49 U.S.C., Subtitle 

VII). As a result, OST will be conducting 

a rulemaking to update the economic 

regulations by modifying language to 

reflect current statutory provisions. See 

RIN 2105–AD86. OST’s plain language 

review indicates no need for substantial 

revision on that basis. 

14 CFR part 206—Certificates of Public 

Convenience and Necessity: Special 

Authorizations and Exemptions 

• Section 610: OST conducted a 

Section 610 review of this part and 

found no SEISNOSE. 

• General: No changes are needed. 

These regulations are cost effective and 

impose the least burden. OST’s plain 

language review of these rules indicates 

no need for substantial revision. 

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

Scheduled Air Carriers 

• Section 610: OST conducted a 

Section 610 review of this part and 

found no SEISNOSE. 

• General: OST’s general review of 

the regulations indicates that they may 

be duplicative of the regulations of 14 

CFR part 212. Therefore, OST will 

conduct a rulemaking to evaluate the 

necessity of part 207 and to rescind it 

if necessary. See RIN 2105–AD86. OST’s 

plain language review of these rules 

indicates no need for substantial 

revision on that basis. 

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

Charter Air Carriers 

• Section 610: OST conducted a 

Section 610 review of this part and 

found no SEISNOSE. 

• General: OST’s general review of 

the regulations indicates that they may 

be duplicative of the regulations of 14 

CFR part 212. Therefore, OST will 

conduct a rulemaking to evaluate the 

necessity of part 208 and to rescind it 

if necessary. See RIN 2105–AD86. OST’s 

plain language review of these rules 

indicates no need for substantial 

revision on that basis. 

14 CFR part 211—Applications for 

Permits to Foreign Air Carriers 

• Section 610: OST conducted a 

Section 610 review of this part and 

found no SEISNOSE. 

• General: Since this rule was 

enacted, the Federal Aviation Act was 

revised and recodified within Subtitle 

VII of Title 49 of the United States Code 

(Pub. L. 103–272, July 5, 1994). Since 

the codification, the Department has 

made numerous amendments to make 

the CFR consistent with the provisions 

of the current statute (49 U.S.C., Subtitle 

VII). As a result, OST will be conducting 

a rulemaking to update the economic 

regulations by modifying language to 

reflect current statutory provisions. See 

RIN 2105–AD86. OST’s plain language 

review indicates no need for substantial 

revision on that basis. 

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

and Foreign Direct Air Carriers 

• Section 610: OST conducted a 

Section 610 review of this part and 

found no SEISNOSE. 

• General: Since this rule was 

enacted, the Federal Aviation Act was 

revised and recodified within Subtitle 

VII of Title 49 of the United States Code 

(Pub. L. 103–272, July 5, 1994). Since 

the codification, the Department has 

made numerous amendments to make 

the CFR consistent with the provisions 

of the current statute (49 U.S.C., Subtitle 

VII). As a result, OST will be conducting 

a rulemaking to update the economic 

regulations by modifying language to 

reflect current statutory provisions. See 

RIN 2105–AD86. OST’s plain language 

review indicates no need for substantial 

revision on that basis. 

Federal Aviation Administration 

Section 610 and Other Reviews 

Section 610 Review Plan and Summary 

The Federal Aviation Administration 

(FAA) has elected to use the two-step, 

two-year process used by most 

Department of Transportation (DOT) 

modes in past plans. As such, the FAA 

has divided its rules into 10 groups as 

displayed in the table below. During the 

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

published during the previous 10 years 

within a 10% block of the regulations 

will be analyzed to identify those with 

a significant economic impact on a 

substantial number of small entities 

(SEISNOSE). During the second year 

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

in the analysis year as having a 

SEISNOSE will be reviewed in 

accordance with Section 610 (b) to 

determine if it should be continued 

without change or changed to minimize 

impact on small entities. Results of 

those reviews will be published in the 

DOT Semiannual Regulatory Agenda. 

Year Regulations to be reviewed Analysis year Review year 

1 ........................ 14 CFR parts 417 through 460 ................................................................................................ 2017 2018 

2 ........................ 14 CFR parts 119 through 129 and parts 150 through 156 .................................................... 2018 2019 

3 ........................ 14 CFR parts 133 through 139 and parts 157 through 169 .................................................... 2019 2020 

4 ........................ 14 CFR parts 141 through 147 and parts 170 through 187 .................................................... 2020 2021 

5 ........................ 14 CFR parts 189 through 198 and parts 1 through 16 .......................................................... 2021 2022 

6 ........................ 14 CFR parts 17 through 33 .................................................................................................... 2022 2023 

7 ........................ 14 CFR parts 34 through 39 and parts 400 through 405 ........................................................ 2023 2024 

8 ........................ 14 CFR parts 43 through 49 and parts 406 through 415 ........................................................ 2014 2025 

9 ........................ 14 CFR parts 60 through 77 .................................................................................................... 2025 2026 

10 ...................... 14 CFR parts 91 through 105 .................................................................................................. 2026 2027 

Background on the Regulatory 

Flexibility Act 

The Regulatory Flexibility Act of 1980 

as amended (RFA), (§§ 601 through 612 

of Title 5, United States Code (5 U.S.C.)) 

requires Federal regulatory agencies to 

analyze all proposed and final rules to 

determine their economic impact on 

small entities, which includes small 

businesses, small organizations, and 

small governmental jurisdictions. The 

primary purpose of the RFA is to 

establish as a principle of regulatory 

issuance that Federal agencies endeavor, 

consistent with the objectives of the rule 


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and applicable statutes, to fit regulatory 

and informational requirements to the 

scale of entities subject to the 

regulation. The FAA performed the 

required RFA analyses of each final 

rulemaking action and amendment it 

has initiated since enactment of the RFA 

in 1980. 

Section 610 of 5 U.S.C. requires 

government agencies to periodically 

review all regulations that will have a 

SEISNOSE. The FAA must analyze each 

rule within 10 years of its publication 

date. 

Defining SEISNOSE 

The RFA does not define ‘‘significant 

economic impact.’’ Therefore, there is 

no clear rule or number to determine 

when a significant economic impact 

occurs. However, the Small Business 

Administration (SBA) states that 

significance should be determined by 

considering the size of the business, the 

size of the competitor’s business, and 

the impact the same regulation has on 

larger competitors. 

Likewise, the RFA does not define 

‘‘substantial number.’’ However, the 

legislative history of the RFA suggests 

that a substantial number must be at 

least one but does not need to be an 

overwhelming percentage such as more 

than half. The SBA states that the 

substantiality of the number of small 

businesses affected should be 

determined on an industry-specific 

basis. 

This analysis consisted of the 

following three steps: 

• Review of the number of small 

entities affected by the amendments to 

parts 417 through 460. 

• Identification and analysis of all 

amendments to parts 417 through 460 

since 2007 to determine whether any 

still have or now have a SEISNOSE. 

• Review of the FAA Office of 

Aviation Policy, and Plans regulatory 

flexibility assessment of each 

amendment performed as required by 

the RFA. 

Year 2 (2018) List of Rules To Be 

Analyzed the Next Year 

14 CFR part 119—Certification: Air 

Carriers and Commercial Operators 

14 CFR part 120—Drug and Alcohol 

Testing Program 

14 CFR part 121—Operating 

Requirements: Domestic, Flag, and 

Supplemental Operations 

14 CFR part 125—Certification and 

Operations: Airplanes Having a 

Seating Capacity of 20 or More 

Passengers or a Maximum Payload 

Capacity of 6,000 Pounds or More; 

and Rules Governing Persons on 

Board Such Aircraft 

14 CFR part 129—Operations: Foreign 

Air Carriers and Foreign Operators of 

U.S.-Registered Aircraft Engaged in 

Common Carriage 

14 CFR part 150—Airport Noise 

Compatibility Planning 

14 CFR part 151—Federal Aid to 

Airports 

14 CFR part 152—Airport Aid Program 

14 CFR part 153—Airport Operations 

14 CFR part 155—Release of Airport 

Property from Surplus Property 

Disposal Restriction 

14 CFR part 156—State Block Grant 

Pilot Program 

Year 1 (2017) List of Rules Analyzed 

and a Summary of Results 

14 CFR part 417—Launch Safety 

• Section 610: The agency conducted 

a Section 610 review of this part and 

found Amendment No. 417–5, 81 FR 

59439, Aug. 30, 2016. Amendment 91– 

314, 75 FR 30193, May 28, 2010; 

Amendment 91–314, 75 FR 30193, May 

28, 2010; and Amendment 91–330, 79 

FR 9972, Feb. 21, 2014 trigger 

SEISNOSE within the meaning of the 

RFA. 

• General: No changes are needed. 

The FAA has considered a number of 

alternatives in attempts to lower 

compliance costs for small entities, but 

could not go forward with the lower 

cost alternatives without compromising 

the safety for the industry. FAA’s plain 

language review of these rules indicates 

no need for substantial revision. 

14 CFR part 420—License to Operate a 

Launch Site 

• Section 610: The agency conducted 

a Section 610 review of this part and 

found no SEISNOSE. 

• General: No changes are needed. 

These regulations are cost effective and 

impose the least burden. FAA’s plain 

language review of these rules indicates 

no need for substantial revision. 

14 CFR part 431—Launch and Reentry 

of a Reusable Launch Vehicle (RLV) 

• Section 610: Section 610: The 

agency conducted a Section 610 review 

of this part and found there were no 

amendments since 2016. Therefore, part 

99 does not trigger SEISNOSE. 

• General: No changes are needed. 

FAA’s plain language review of these 

rules indicates no need for substantial 

revision. 

14 CFR part 433—License to Operate a 

Reentry Site 

• Section 610: The agency conducted 

a Section 610 review of this part and 

found no SEISNOSE. 

• General: No changes are needed. 

These regulations are cost effective and 

impose the least burden. FAA’s plain 

language review of these rules indicates 

no need for substantial revision. 

14 CFR part 435—Reentry of a Reentry 

Vehicle Other Than a Reusable 

Launch Vehicle (RLV) 

• Section 610: The agency conducted 

a Section 610 review of this part and 

found there were no amendments since 

2016. Therefore, part 99 does not trigger 

SEISNOSE. 

• General: No changes are needed. 

FAA’s plain language review of these 

rules indicates no need for substantial 

revision. 

14 CFR part 437—Experimental Permits 

• Section 610: The agency conducted 

a Section 610 review of this part and 

found no SEISNOSE. 

• General: No changes are needed. 

These regulations are cost effective and 

impose the least burden. FAA’s plain 

language review of these rules indicates 

no need for substantial revision. 

14 CFR part 440—Financial 

Responsibility 

• Section 610: Section 610: The 

agency conducted a Section 610 review 

of this part and found there were no 

amendments since 2016. Therefore, part 

99 does not trigger SEISNOSE. 

• General: No changes are needed. 

FAA’s plain language review of these 

rules indicates no need for substantial 

revision. 

14 CFR part 460—Human Space Flight 

Requirements 

• Section 610: The agency conducted 

a Section 610 review of this part and 

found no SEISNOSE. 

• General: No changes are needed. 

These regulations are cost effective and 

impose the least burden. FAA’s plain 

language review of these rules indicates 

no need for substantial revision. 

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 


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Year Regulations to be reviewed Analysis year Review year 

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 parts 710 to 924 .......................................................................................................... 2014 2015 

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

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

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

Federal-Aid Highway Program 

The Federal Highway Administration 

(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 highway is chapter I of 

title 23 of the U.S.C. 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 9 (Fall 2016) List of Rules 

Analyzed and a Summary of Results 

23 CFR part 1200—Uniform Procedures 

for State Highway Safety Grant 

Programs 

• 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 1208—National Minimum 

Drinking Age 

• 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 1210—Operation of Motor 

Vehicles by Intoxicated Minors 

• 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 1215—Use of Safety Belts— 

Compliance and Transfer-of-Funds 

Procedures 

• Section 610: No SEIOSNOSE. No 

small entities are affected. 

• General: No changes are needed. 

These regulations are cost effective and 

impose the least burden. FHWA’s plain 

language review of these rules indicates 

no need for substantial revision. 

23 CFR part 1225—Uniform System for 

Parking for Persons With Disabilities 

• 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 1240—Safety Incentive 

Grants for Use of Seat Belts— 

Allocations Based on Seat Belt Use 

Rates 

• 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 10 (Fall 2017) List of Rules That 

Will be Analyzed During the Next Year 

New Parts and Subparts since 2008 that 

have not undergone review 

23 CFR part 490—National Performance 

Management Measures 

23 CFR part 505—Projects of National 

and Regional Significance Evaluation 

and Rating 

23 CFR part 511—Real-Time System 

Management Information Program 

23 CFR part 650 Subpart E—National 

Tunnel Inspection Standards 

Federal Motor Carrier Safety 

Administration 

Section 610 and Other Reviews 

Year Regulations to be reviewed Analysis year Review year 

1 ........................ 49 CFR part 372, subpart A ..................................................................................................... 2008 2009 

2 ........................ 49 CFR part 386 ....................................................................................................................... 2009 2010 

3 ........................ 49 CFR parts 325 and 390 (General) ...................................................................................... 2010 2011 

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

5 ........................ 49 CFR part 387 ....................................................................................................................... 2012 2013 

6 ........................ 49 CFR parts 360, 365, 366, 368, 374, 377, and 378 ............................................................. 2013 2014 

7 ........................ 49 CFR parts 356, 367, 369, 370, 371, 372 (subparts B and C) ............................................ 2014 2015 

8 ........................ 49 CFR parts 373, 376, and 379 ............................................................................................. 2015 2016 

9 ........................ 49 CFR part 375 ....................................................................................................................... 2016 2017 

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

Year 8 (Fall 2014) List of Rules and a 

Summary of Results 

49 CFR part 373—Receipts and Bills 

• Section 610: There is no 

SEIOSNOSE. FMCSA requires certain 

motor carriers and freight forwarders to 

issue and retain a receipt or bill of 

lading for property tendered for 

transportation in interstate or foreign 

commerce. 

• General: These regulations are cost 

effective and impose almost no additive 

financial burden upon the carrier. 

Retaining billing information constitutes 

a prudent business practice which 

would likely be required for tax and 

customer service purposes. The rule is 


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written in clear and unambiguous 

language, and should be retained. 

49 CFR part 376—Lease and Interchange 

of Vehicles 

• Section 610: There is no 

SEIOSNOSE. FMCSA requires certain 

authorized carriers that transport 

equipment (that it does not own) to 

retain a lease, and maintain appropriate 

equipment records. 

• General: These regulations are cost 

effective and impose almost no additive 

financial burden upon the carrier. The 

rule principally defines the conditions 

by which certain carriers must retain 

leasing documents, insurance, financial 

and other related documentation. The 

stipulations in the rule are consistent 

with prudent business practices in 

support of customer service, accident 

liability, and financial matters. The rule 

takes great pains to ‘‘exempt’’ carriers, is 

written in clear and unambiguous 

language, and should be retained. 

49 CFR part 379—Preservation of 

Records 

• Section 610: There is no 

SEIOSNOSE. The rule requires certain 

companies to retain, protect, store, and 

as appropriate, dispose of records in 

accordance with minimum retention 

periods stipulated in appendix A of part 

379. 

• General: These regulations are cost 

effective and impose almost no additive 

financial burden upon the carrier. 

Retaining financial, contractual, 

property/equipment, taxes, shipping 

and other supporting business 

documents represent a prudent business 

practice which the carrier should 

already be doing. The rule is written in 

clear and unambiguous language and 

should be retained. 

Year 9 (2015) List of Rules With 

Ongoing Analysis 

49 CFR part 375—Transportation of 

household goods in interstate 

commerce; consumer protection 

regulations 

Year 10 (2016) List of Rules That Will 

be Analyzed During the Next Year 

49 CFR part 395—Hours of Service of 

Drivers 

National Highway Traffic Safety 

Administration 

Section 610 and Other Reviews 

Year Regulations to be reviewed Analysis year Review year 

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

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

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

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

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

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

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

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

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

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

Year 9 (Fall 2016) List of Rules With 

Ongoing Analysis 

49 CFR part 571.214—Side Impact 

Protection 

49 CFR part 571.215—[Reserved] 

49 CFR part 571.216—Roof Crush 

Resistance; Applicable Unless a 

Vehicle Is Certified to 571.216a 

49 CFR part 571.216a—Roof Crush 

Resistance; Upgraded Standard 

49 CFR part 571.218—Motorcycle 

Helmets 

49 CFR part 571.219—Windshield Zone 

Intrusion 

Year 10 (Fall 2017) List of Rules That 

Will be Analyzed During the Next Year 

Part 591 Importation of Vehicles and 

Equipment Subject to Federal Safety, 

Bumper and Theft Prevention 

Standards 

Part 592 Registered Importers of 

Vehicles not Originally Manufactured 

to Conform to the Federal Motor 

Vehicle Safety Standards 

Part 593 Determinations That a Vehicle 

not Originally Manufactured to 

Conform to the Federal Motor Vehicle 

Safety Standards Is Eligible for 

Importation 

Part 594 Schedule of Fees Authorized 

by 49 U.S.C. 30141 

Part 595 Make Inoperative Exemptions 

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, and 240 ..................................................................... 2017 2018 

Year 9 (Fall 2016) List of Rules 

Analyzed and a Summary of Results 

49 CFR part 222—Use of Locomotive 

Horns at Public Highway-Rail Grade 

Crossings 

• Section 610: There is no 

SEIOSNOSE. 

• General: The purpose of this rule is 

to provide for safety at public highwayrail grade crossings by requiring 

locomotive horn use at public highwayrail grade crossings except in quiet 

zones established and maintained in 

accordance with this rule. FRA’s plain 

language review of this rule indicates no 

need of substantial revision. 

49 CFR part 227—Occupational Noise 

Exposure 


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• Section 610: There is no 

SEIOSNOSE. 

• General: The main objective of the 

rule is to protect the occupational health 

and safety of employees whose 

predominant noise exposure occurs in 

the locomotive cab. The rule prescribes 

minimum Federal health and safety 

noise standards for locomotive cab 

occupants. This rule does not restrict a 

railroad or railroad contractor from 

adopting and enforcing additional or 

more stringent requirements. FRA’s 

plain language review of this rule 

indicates no need for substantial 

revision. 

49 CFR part 235—Instructions 

Governing Applications for Approval 

of a Discontinuance or Material 

Modification of a Signal System or 

Relief from the Requirements of Part 

236 

• Section 610: There is no 

SEIOSNOSE. 

• General: Since the rule prescribes 

instructions regarding applications for 

approval of a discontinuance or material 

modification of a signal system or relief 

from the requirements of Part 236, it 

promotes and enhances the safety of 

railroad operations. FRA’s plain 

language review of this rule indicates no 

need for substantial revision. 

49 CFR part 236—Rules, Standards and 

Instructions Governing the 

Installation, Inspection, Maintenance 

and Repair of Signal and Train 

Control Systems, Devices and 

Appliances 

• Section 610: There is no 

SEIOSNOSE. 

• General: Since the rule prescribes 

standards and instructions about the 

installation, inspection, maintenance 

and repair of signal and train control 

systems, devices and appliances, and 

performance-based safety standards for 

PTC systems, it will promote and 

enhance the safety of railroad 

operations. FRA’s plain language review 

of this rule indicates no need for 

substantial revision. 

49 CFR part 250—Guarantee of 

Certificates of Trustees of Railroads in 

Reorganization 

• Section 610: There is no 

SEIOSNOSE. 

• General: The purpose of this rule is 

to describe the requirements regarding 

form and content of applications, 

required exhibits, fees, execution and 

filing of applications and general 

instructions to obtain guarantee of 

certificates by the Secretary of 

Transportation for trustees of railroads 

in reorganization under the former 

Section 77 of the Bankruptcy Act. FRA’s 

plain language review of this rule 

indicates no need for substantial 

revision. 

49 CFR part 260—Regulations 

Governing Loans and Loan 

Guarantees Under the Railroad 

Rehabilitation and Improvement 

Financing Program 

• Section 610: The Railroad 

Rehabilitation and Improvement 

Financing Program, which operates 

under regulations in 49 CFR part 260 

‘‘Regulations Governing Loans and Loan 

Guarantees under the Railroad 

Rehabilitation and Improvement 

Financing Program’’, are now 

administered by the Executive Director 

of the Build America Bureau. The Build 

America Bureau is reviewing the 

regulations to determine what updates 

are necessary. 

• General: The purpose of this rule is 

to provide direct loans and loan 

guarantees to eligible applicants, 

including State and local governments, 

government sponsored authorities and 

corporations and railroads. FRA is 

assessing in, consultation with the Build 

America Bureau, how to revise 49 CFR 

part 260 to reflect the RRIF program 

transfer. FRA is not rescinding the 

regulations at this time because the 

Build America Bureau necessarily relies 

on certain sections under Part 260 in 

administering the RRIF program. 

49 CFR part 266—Assistance to States 

for Local Rail Service Under Section 

5 of the Department of Transportation 

Act 

• Section 610: There is no 

SEIOSNOSE. 

• General: The purpose of the rule is 

to provide assistance to States for local 

rail service which includes: Rail service 

continuation assistance; acquisition 

assistance; rehabilitation or 

improvement assistance; substitute 

service assistance; rail facility 

construction assistance; planning 

assistance; and program operations 

assistance. 

However, there are special limitations 

on planning assistance and program 

operations assistance. No appropriations 

are currently available for providing the 

assistance. FRA is currently evaluating 

whether 49 CFR part 266 should be 

rescinded because FRA does not 

anticipate future funding of the 

programs concerned. 

Year 10 (Fall 2017) List of Rule(s) That 

Will be Analyzed During Next Year 

49 CFR part 213—Track Safety 

Standards 

49 CFR part 220—Railroad 

Communications 

49 CFR part 230—Steam Locomotive 

Inspection and Maintenance 

Standards 

49 CFR part 232—Brake System Safety 

Standards for Freight and Other NonPassenger Trains and Equipment; End 

of Train Devices 

49 CFR part 239—Passenger Train 

Emergency Preparedness 

49 CFR part 240—Qualification and 

Certification of Locomotive Engineers 

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 9 (Fall 2016) List of Rules 

Analyzed and Summary of Results 

49 CFR part 659—Rail Fixed Guideway 

Systems; State Safety Oversight 

• Section 610: The agency has 

determined that the rule continues to 

not have a significant effect on a 

substantial number of small entities. 

Pursuant to the Moving Ahead for 

Progress in the 21st Century Act (MAP– 

21) (Pub. L. 112–141, July 6, 2012), FTA 

has established a comprehensive public 

transportation safety program, one 

element of which is the State Safety 

Oversight (SSO) Program. (See 49 U.S.C. 

5329). FTA has issued a revised SSO 

Program regulation (49 CFR part 674) 

which became effective April 15, 2016; 

however, Part 659 will remain in effect 

until April 14, 2019 at which time it 

will sunset. In the interim, SSO 

Agencies will revise their programs to 

meet the requirements of Part 674. Prior 

to publication of the final rule (81 FR 

14229, March 16, 2016), FTA evaluated 

the likely effect of the proposals as 

required by the Regulatory Flexibility 

Act, and determined that this rule will 

have no SEISNOSE. Like Part 659, the 

parties subject to the rule are those 

states that must carry out the oversight 

of rail fixed guideway public 

transportation systems within their 

jurisdictions. 

• General: Congress enacted the 

Moving Ahead for Progress in the 21st 

Century Act (MAP–21) (Pub. L. 112– 

141, July 6, 2012). FTA promulgated a 

new rule, 49 CFR part 674, to 

implement the MAP–21 requirements 

which require a state to oversee the 

safety and security of rail fixed 

guideway systems within its 

jurisdiction. Pursuant to MAP–21, Part 

659 will be rescinded in April 2019; that 

is, three-years following the effective 

date of the Part 674. Meanwhile, states 

will revise their SSO programs to 

conform to the new MAP–21 

requirements. Part 674 specifies that a 

state must have its new program 

standard certified by FTA. In addition, 

a state must demonstrate its SSOA’s 

financial and legal independence from 

the RTAs it oversees and demonstrate 

its ability to effectively oversee the 

safety of the rail fixed guideway public 

transportation systems throughout the 

state. FTA’s plain language review of 

this rule indicates no need for 

substantial revision. 

49 CFR part 663—Pre-Award and PostDelivery Audits of Rolling Stock 

Purchases 

• Section 610: FTA conducted a 

Section 610 review of this part and 

found no SEISNOSE. 

• General: The rule was promulgated 

to assist transit agencies conducting preaward and post-delivery audits of 

rolling stock procurements, as required 

under 49 U.S.C. 5323(m). The agency 

has determined that the rule is costeffective and imposes the least possible 

burden on small entities. FTA’s plain 

language review of this rule indicates no 

need for substantial revision. 

Year 10 (Fall 2017)—List of Rule(s) That 

Will be Analyzed This Year 

49 CFR part 665—Bus Testing 

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 8 (2015) List of Rules With 

Ongoing Analysis 

46 CFR part 345—Restrictions upon the 

transfer or change in use or in terms 

governing utilization of port facilities 

46 CFR part 346—Federal port 

controllers 

46 CFR part 370—Claims 

46 CFR part 381—Cargo preference— 

U.S.-flag vessels 

Year 9 (2016) List of Rules With 

Ongoing Analysis 

46 CFR part 382—Determination of fair 

and reasonable rates for the carriage of 

bulk and packaged preference cargoes 

on U.S.-flag commercial vessels 

46 CFR part 385—Research and 

development grant and cooperative 

agreements regulations 

46 CFR part 386—Regulations governing 

public buildings and grounds at the 

United States Merchant Marine 

Academy 

46 CFR part 387—Utilization and 

disposal of surplus Federal real 

property for development or operation 

of a port facility 

46 CFR part 388—Administrative 

waivers of the Coastwise Trade Laws 

46 CFR part 389—Determination of 

availability of coast-wise-qualified 

vessels for transportation of platform 

jackets 

Year 10 (2017) List of Rules That Will 

be Analyzed During the Next Year 

46 CFR part 390—Capital Construction 

Fund implementing regulations 

46 CFR part 391—Federal Income Tax 

Aspects of the Capital Construction 

Fund 

46 CFR part 393—America’s Marine 

Highway Program implementing 

regulations 

Pipeline and Hazardous Materials 

Safety Administration (PHMSA) 

Section 610 and Other Reviews 

Year Regulations to be reviewed Analysis year Review year 

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

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

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

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

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

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


sradovich on DSK3GMQ082PROD with PROPOSALS
1916 Federal Register / Vol. 83, No. 9 / Friday, January 12, 2018 / Unified Agenda 

Year Regulations to be reviewed Analysis year Review year 

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

8 ........................ 49 CFR parts 172 and 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 9 (Fall 2017) List of Rules 

Analyzed and a Summary of Results 

49 CFR parts 172, 173, 174, 176, and 

177—Hazardous Materials Table, 

Special Provisions, Hazardous 

Materials Communications, 

Emergency Response Information, 

Training Requirements, and Security 

Plans; Shippers—General 

Requirements for Shipments and 

Packagings; Carriage by Rail; Carriage 

by Vessel; and Carriage by Public 

Highway. 

• 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 will be proposed in the 

upcoming biennial international 

harmonization rulemaking. 

• General: On March 30, 2017, 

PHMSA issued a final rule titled 

‘‘Hazardous Materials: Harmonization 

with International Standards’’ that 

amended the Hazardous Materials 

Regulations (HMR) to maintain 

consistency with international 

regulations and standards by 

incorporating various amendments, 

including changes to proper shipping 

names, hazard classes, packing groups, 

special provisions, packaging 

authorizations, air transport quantity 

limitations, and vessel stowage 

requirements (82 FR 15796). These 

revisions were necessary to harmonize 

the HMR with recent changes made to 

the International Maritime Dangerous 

Goods (IMDG) Code, the International 

Civil Aviation Organization’s Technical 

Instructions (ICAO TI) for the Safe 

Transport of Dangerous Goods by Air, 

and the United Nations (UN) 

Recommendations on the Transport of 

Dangerous Goods—Model Regulations. 

Additionally, PHMSA adopted several 

amendments to the HMR that resulted 

from coordination with Canada under 

the U.S.-Canada Regulatory Cooperation 

Council. 

This rulemaking action is part of our 

ongoing biennial process to harmonize 

the HMR with international regulations 

and standards. Federal law and policy 

strongly favor the harmonization of 

domestic and international standards for 

hazardous materials transportation. The 

Federal hazardous materials 

transportation law (Federal hazmat law; 

49 U.S.C. 5101 et seq.) directs PHMSA 

to participate in relevant international 

standard-setting bodies and promotes 

consistency of the HMR with 

international transport standards to the 

extent practicable. Federal hazmat law 

permits PHMSA to depart from 

international standards where 

appropriate, including to promote safety 

or other overriding public interests. 

However, Federal hazmat law otherwise 

encourages domestic and international 

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

Harmonization facilitates 

international trade by minimizing the 

costs and other burdens of complying 

with multiple or inconsistent safety 

requirements for transportation of 

hazardous materials. Safety is enhanced 

by creating a uniform framework for 

compliance, and as the volume of 

hazardous materials transported in 

international commerce continues to 

grow, harmonization becomes 

increasingly important. 

The impact that it will have on small 

entities is not expected to be significant. 

The final rule clarified provisions based 

on PHMSA’s initiatives and 

correspondence with the regulated 

community and domestic and 

international stakeholders. The changes 

are generally intended to provide relief 

and, as a result, marginal positive 

economic benefits to shippers, carriers, 

and packaging manufacturers and 

testers, including small entities. These 

benefits are not at a level that can be 

considered economically significant. 

Consequently, this final rule will not 

have a significant economic impact on 

a substantial number of small entities. 

PHMSA’s plain language review of this 

rule indicates no need for substantial 

revision. 

49 CFR part 193—Liquefied Natural Gas 

Facilities: Federal Safety Standards 

• Section 610: There is no 

SEIOSNOSE. 

• General: This rule prescribes safety 

standards for LNG facilities used in the 

transportation of gas by pipeline that is 

subject to the pipeline safety laws (49 

U.S.C. 60101 et seq.) and Part 192. 

PHMSA’s plain language review of this 

rule indicates no need for substantial 

revision. 

Year 10 (fall 2018) List of Rules That 

Will be Analyzed During the Next Year 

49 CFR part 173—Shippers—General 

Requirements for Shipments and 

Packagings 

49 CFR part 194—Response Plans for 

Onshore Oil Pipelines 

Saint Lawrence Seaway Development 

Corporation 

Section 610 and Other Reviews 

Year Regulations to be reviewed Analysis year Review year 

1 ........................ 33 CFR parts 401 through 403 ................................................................................................ 2017 2018 

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 


sradovich on DSK3GMQ082PROD with PROPOSALS
Federal Register / Vol. 83, No. 9 / Friday, January 12, 2018 / Unified Agenda 1917 

FEDERAL AVIATION ADMINISTRATION—PRERULE STAGE

Sequence No. Title Regulation 

Identifier No. 

293 .................... + Applying the Flight, Duty, and Rest Rules of 14 CFR Part 135 to Tail-End Ferry Operations (FAA Reauthorization).2120–AK26 

+ DOT-designated significant regulation. 

FEDERAL AVIATION ADMINISTRATION—PROPOSED RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

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

States.

2120–AK09 

295 .................... + Applying the Flight, Duty, and Rest Requirements to Ferry Flights That Follow Domestic, Flag, or Supplemental All-Cargo Operations (Reauthorization).2120–AK22 

296 .................... + Pilot Records Database (HR 5900) (Reg Plan Seq No. 71) ....................................................................... 2120–AK31 

297 .................... + Aircraft Registration and Airmen Certification Fees ...................................................................................... 2120–AK37 

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

Energy Projects (Section 610 Review).

2120–AK77 

299 .................... + Operations of Small Unmanned Aircraft Over People (Reg Plan Seq No. 73) ........................................... 2120–AK85 

+ 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. 

300 .................... + Airport Safety Management System ............................................................................................................. 2120–AJ38 

301 .................... Updates to Rulemaking and Waiver Procedures and Expansion of the Equivalent Level of Safety Option 

(Section 610 Review).

2120–AK76 

302 .................... +Registration and Marking Requirements for Small Unmanned Aircraft (Reg Plan Seq No. 76) ................. 2120–AK82 

+ 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. 

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

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

+ DOT-designated significant regulation. 

FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION—PROPOSED RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

305 .................... Motorcoach Lap/Shoulder Seat Belts (Section 610 Review) .......................................................................... 2126–AC08 

306 .................... Controlled Substances and Alcohol Testing: State Driver’s Licensing Agency Downgrade of Commercial 

Driver’s License (Section 610 Review).

2126–AC11 

FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION—FINAL RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

307 .................... Commercial Learner’s Permit Validity (Section 610 Review) .......................................................................... 2126–AB98 

308 .................... Incorporation by Reference; North American Standard Out-of-Service Criteria; Hazardous Materials Safety 

Permits (Section 610 Review).

2126–AC01 

309 .................... Fees for the Unified Carrier Plan and Agreement (Section 610 Review) ....................................................... 2126–AC03 


sradovich on DSK3GMQ082PROD with PROPOSALS
1918 Federal Register / Vol. 83, No. 9 / Friday, January 12, 2018 / Unified Agenda 

FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION—LONG-TERM ACTIONS

Sequence No. Title Regulation 

Identifier No. 

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

the United States.

2126–AA35 

+ DOT-designated significant regulation. 

FEDERAL RAILROAD ADMINISTRATION—FINAL RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

311 .................... + Train Crew Staffing and Location .................................................................................................................. 2130–AC48 

+ DOT-designated significant regulation. 

SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION—FINAL RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

312 .................... Seaway Regulations and Rules: Periodic Update, Various Categories (Rulemaking Resulting From a Section 610 Review).2135–AA43 

313 .................... Tariff of Tolls (Rulemaking Resulting From a Section 610 Review) ............................................................... 2135–AA44 

PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION—PROPOSED RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

314 .................... Pipeline Safety: Amendments to Parts 192 and 195 to Require Valve Installation and Minimum Rupture 

Detection Standards.

2137–AF06 

PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION—FINAL RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

315 .................... + Pipeline Safety: Safety of Hazardous Liquid Pipelines (Reg Plan Seq No. 83) .......................................... 2137–AE66 

316 .................... Pipeline Safety: Issues Related to the Use of Plastic Pipe in Gas Pipeline Industry (RRR) ......................... 2137–AE93 

317 .................... + Hazardous Materials: Oil Spill Response Plans and Information Sharing for High-Hazard Flammable 

Trains (Reg Plan Seq No. 85).

2137–AF08 

+ DOT-designated significant regulation. 

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

DEPARTMENT OF TRANSPORTATION 

(DOT) 

Federal Aviation Administration (FAA) 

Prerule Stage 

293. +Applying the Flight, Duty, and 

Rest Rules of 14 CFR Part 135 to TailEnd Ferry Operations (FAA 

Reauthorization) 

E.O. 13771 Designation: Regulatory. 

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

U.S.C. 1153; 49 U.S.C. 40101; 49 U.S.C. 

40102; 49 U.S.C. 40103; 49 U.S.C. 

40113; 49 U.S.C. 41706; 49 U.S.C. 

44105; 49 U.S.C. 44106; 49 U.S.C. 

44111; 49 U.S.C. 44701 to 44717; 49 

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

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

44906; 49 U.S.C. 44912; 49 U.S.C. 

44914; 49 U.S.C. 44936; 49 U.S.C. 

44938; 49 U.S.C. 45101 to 45105; 49 

U.S.C. 46103 

Abstract: This rulemaking would 

require a flightcrew member employed 

by an air carrier conducting operations 

under part 135 and accepts an 

additional assignment for flying under 

part 91 from the air carrier or from any 

other air carrier conducting operations 

under part 121 or 135, to apply the 

period of the additional assignment 

toward any limitation applicable to the 

flightcrew member relating to duty 

periods or flight times under part 135. 

Timetable: 

Action Date FR Cite 

ANPRM ............... 04/00/18 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Dale Roberts, 

Department of Transportation, Federal 

Aviation Administration, 800 

Independence Avenue SW, Washington, 

DC 20591, Phone: 202 267–5749, Email: 

dale.roberts@faa.gov. 

RIN: 2120–AK26 

DEPARTMENT OF TRANSPORTATION 

(DOT) 

Federal Aviation Administration (FAA) 

Proposed Rule Stage 

294. Drug and Alcohol Testing of 

Certain Maintenance Provider 

Employees Located Outside of the 

United States 

E.O. 13771 Designation: Not subject 

to, not significant. 


sradovich on DSK3GMQ082PROD with PROPOSALS
Federal Register / Vol. 83, No. 9 / Friday, January 12, 2018 / Unified Agenda 1919 

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

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

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

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

Abstract: This rulemaking would 

require controlled substance testing of 

some employees working in repair 

stations located outside the United 

States. The intended effect is to increase 

participation by companies outside of 

the United States in testing of 

employees who perform safety critical 

functions and testing standards similar 

to those used in the repair stations 

located in the United States. This action 

is necessary to increase the level of 

safety of the flying public. This 

rulemaking is a statutory mandate under 

section 308(d) of the FAA 

Modernization and Reform Act of 2012 

(Pub. L. 112–95). 

Timetable: 

Action Date FR Cite 

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

Comment Period 

Extended.

05/01/14 79 FR 24631 

ANPRM Comment 

Period End.

05/16/14 

Comment Period 

End.

07/17/14 

NPRM .................. 01/00/18 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Vicky Dunne, 

Department of Transportation, Federal 

Aviation Administration, 800 

Independence Avenue SW, Washington, 

DC 20591, Phone: 202 267–8522, Email: 

vicky.dunne@faa.gov. 

RIN: 2120–AK09 

295. +Applying the Flight, Duty, and 

Rest Requirements to Ferry Flights That 

Follow Domestic, Flag, or Supplemental 

All-Cargo Operations (Reauthorization) 

E.O. 13771 Designation: Regulatory. 

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

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

44717 

Abstract: This rulemaking would 

require a flightcrew member who 

accepts an additional assignment for 

flying under part 91 from the air carrier 

or from any other air carrier conducting 

operations under part 121 or 135 of such 

title, to apply the period of the 

additional assignment toward any 

limitation applicable to the flightcrew 

member relating to duty periods or 

flight times. This rule is necessary as it 

will make part 121 flight, duty, and rest 

limits applicable to tail-end ferries that 

follow an all-cargo flight. 

Timetable: 

Action Date FR Cite 

NPRM .................. 02/00/18 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Dale Roberts, 

Department of Transportation, Federal 

Aviation Administration, 800 

Independence Avenue SW, Washington, 

DC 20591, Phone: 202 267–5749, Email: 

dale.roberts@faa.gov. 

RIN: 2120–AK22 

296. +Pilot Records Database (HR 5900) 

Regulatory Plan: This entry is Seq. 

No. 71 in part II of this issue of the 

Federal Register. 

RIN: 2120–AK31 

297. +Aircraft Registration and Airmen 

Certification Fees 

E.O. 13771 Designation: Regulatory. 

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

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

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

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

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

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

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

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

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

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

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

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

46301; Pub. L. 108–297, 118 Stat. 1095 

Abstract: This rulemaking would 

establish fees for airman certificates, 

medical certificates, and provision of 

legal opinions pertaining to aircraft 

registration or recordation. This 

rulemaking also would revise existing 

fees for aircraft registration, recording of 

security interests in aircraft or aircraft 

parts, and replacement of an airman 

certificate. This rulemaking addresses 

provisions of the FAA Modernization 

and Reform Act of 2012. This 

rulemaking is intended to recover the 

estimated costs of the various services 

and activities for which fees would be 

established or revised. 

Timetable: 

Action Date FR Cite 

NPRM .................. 04/00/18 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Isra Raza, 

Department of Transportation, Federal 

Aviation Administration, 800 

Independence Avenue SW, Washington, 

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

isra.raza@faa.gov. 

RIN: 2120–AK37 

298. +Requirements To File Notice of 

Construction of Meteorological 

Evaluation Towers and Other 

Renewable Energy Projects (Section 610 

Review) 

E.O. 13771 Designation: Regulatory. 

Legal Authority: 49 U.S.C. 40103 

Abstract: This rulemaking would add 

specific requirements for proponents 

who wish to construct meteorological 

evaluation towers at a height of 50 feet 

above ground level (AGL) up to 200 feet 

AGL to file notice of construction with 

the FAA. This rule also requires 

sponsors of wind turbines to provide 

certain specific data when filing notice 

of construction with the FAA. This 

rulemaking is a statutory mandate under 

section 2110 of the FAA Extension, 

Safety, and Security Act of 2016 (Pub. 

L. 114–190). 

Timetable: 

Action Date FR Cite 

NPRM .................. 08/00/18 

Regulatory Flexibility Analysis 

Required: No. 

Agency Contact: Sheri Edgett–Baron, 

Air Traffic Service, Department of 

Transportation, Federal Aviation 

Administration, 800 Independence 

Avenue SW, Washington, DC 20591, 

Phone: 202 267–9354. 

RIN: 2120–AK77 

299. +Operations of Small Unmanned 

Aircraft Over People 

Regulatory Plan: This entry is Seq. 

No. 73 in part II of this issue of the 

Federal Register. 

RIN: 2120–AK85 

DEPARTMENT OF TRANSPORTATION 

(DOT) 

Federal Aviation Administration (FAA) 

Final Rule Stage 

300. +Airport Safety Management 

System 

E.O. 13771 Designation: Regulatory. 

Legal Authority: 49 U.S.C. 44706; 49 

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

U.S.C. 44701 to 44706; 49 U.S.C. 44709; 

49 U.S.C. 44719 

Abstract: This rulemaking would 

require certain airport certificate holders 

to develop, implement, maintain, and 

adhere to a safety management system 

(SMS) for its aviation related activities. 

An SMS is a formalized approach to 

managing safety by developing an 

organization-wide safety policy, 

developing formal methods of 

identifying hazards, analyzing and 


sradovich on DSK3GMQ082PROD with PROPOSALS
1920 Federal Register / Vol. 83, No. 9 / Friday, January 12, 2018 / Unified Agenda 

mitigating risk, developing methods for 

ensuring continuous safety 

improvement, and creating 

organization-wide safety promotion 

strategies. 

Timetable: 

Action Date FR Cite 

NPRM .................. 10/07/10 75 FR 62008 

NPRM Comment 

Period Extended.

12/10/10 75 FR 76928 

NPRM Comment 

Period End.

01/05/11 

End of Extended 

Comment Period.

03/07/11 

Second Extension 

of Comment 

Period.

03/07/11 76 FR 12300 

End of Second 

Extended Comment Period.

07/05/11 

Second NPRM .... 07/14/16 81 FR 45871 

Second NPRM 

Comment Period End.

09/12/16 

Final Rule ............ 04/00/18 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Keri Lyons, 

Department of Transportation, Federal 

Aviation Administration, 800 

Independence Avenue SW, Washington, 

DC 20591, Phone: 202 267–8972, Email: 

keri.lyons@faa.gov. 

RIN: 2120–AJ38 

301. Updates to Rulemaking and 

Waiver Procedures and Expansion of 

the Equivalent Level of Safety Option 

(Section 610 Review) 

E.O. 13771 Designation: Deregulatory. 

Legal Authority: 51 U.S.C. 50901; 51 

U.S.C. 50903; 51 U.S.C. 50904; 51 U.S.C. 

50905 

Abstract: This rulemaking would 

streamline and improve commercial 

space transportation’s general 

rulemaking and petition procedures by 

reflecting current practice; reorganizing 

the regulations for clarity and flow; and 

allowing petitioners to file their 

petitions electronically. This action 

would expand the option to satisfy 

commercial space transportation 

requirements by demonstrating an 

equivalent level of safety. These changes 

are necessary to ensure the regulations 

are current, accurate, and are not 

unnecessarily burdensome. The 

intended effect of these changes is to 

improve the clarity of the regulations 

and reduce burden on the industry and 

on the FAA. 

Timetable: 

Action Date FR Cite 

NPRM .................. 06/01/16 81 FR 34919 

Action Date FR Cite 

NPRM Comment 

Period End.

08/01/16 

Final Rule ............ 11/00/17 

Regulatory Flexibility Analysis 

Required: No. 

Agency Contact: Shirley McBride, 

Department of Transportation, Federal 

Aviation Administration, 800 

Independence Avenue SW, Washington, 

DC 20591, Phone: 202 267–7470, Email: 

shirley.mcbride@faa.gov. 

RIN: 2120–AK76 

302. +Registration and Marking 

Requirements for Small Unmanned 

Aircraft 

Regulatory Plan: This entry is Seq. 

No. 76 in part II of this issue of the 

Federal Register. 

RIN: 2120–AK82 

DEPARTMENT OF TRANSPORTATION 

(DOT) 

Federal Aviation Administration (FAA) 

Long-Term Actions 

303. +Regulation of Flight Operations 

Conducted by Alaska Guide Pilots 

E.O. 13771 Designation: Regulatory. 

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. 

44015 to 44016; 49 U.S.C. 44111; 49 

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

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

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

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

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

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

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

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

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

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

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

sec. 732 

Abstract: The rulemaking would 

establish regulations concerning Alaska 

guide pilot operations. The rulemaking 

would implement Congressional 

legislation and establish additional 

safety requirements for the conduct of 

these operations. The intended effect of 

this rulemaking is to enhance the level 

of safety for persons and property 

transported in Alaska guide pilot 

operations. In addition, the rulemaking 

would add a general provision 

applicable to pilots operating under the 

general operating and flight rules 

concerning falsification, reproduction, 

and alteration of applications, logbooks, 

reports, or records. This rulemaking is a 

statutory mandate under section 732 of 

the Wendell H. Ford Aviation 

Investment and Reform Act for the 21st 

Century, (Pub. L. 106–181). 

Timetable: Next Action 

Undetermined. 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Jeff Smith, 

Department of Transportation, Federal 

Aviation Administration, 800 

Independence Avenue SW, Washington, 

DC 20785, Phone: 202 385–9615, Email: 

jeffrey.smith@faa.gov. 

RIN: 2120–AJ78 

304. +Helicopter Air Ambulance Pilot 

Training and Operational 

Requirements (HAA II) (FAA 

Reauthorization) 

E.O. 13771 Designation: Regulatory. 

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

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

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

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

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

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

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

45105 

Abstract: This rulemaking would 

develop training requirements for crew 

resource management, flight risk 

evaluation, and operational control of 

the pilot in command, as well as to 

develop standards for the use of flight 

simulation training devices and lineoriented flight training. Additionally, it 

would establish requirements for the 

use of safety equipment for flight 

crewmembers and flight nurses. These 

changes will aide in the increase in 

aviation safety and increase 

survivability in the event of an accident. 

Without these changes, the Helicopter 

Air Ambulance industry may continue 

to see the unacceptable high rate of 

aircraft accidents. This rulemaking is a 

statutory mandate under section 306(e) 

of the FAA Modernization and Reform 

Act of 2012 (Pub. L. 112–95). 

Timetable: Next Action 

Undetermined. 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Chris Holliday, 

Department of Transportation, Federal 

Aviation Administration, 801 

Pennsylvania Avenue NW, Washington, 

DC 20024, Phone: 202 267–4552, Email: 

chris.holliday@faa.gov. 

RIN: 2120–AK57 


sradovich on DSK3GMQ082PROD with PROPOSALS
Federal Register / Vol. 83, No. 9 / Friday, January 12, 2018 / Unified Agenda 1921 

DEPARTMENT OF TRANSPORTATION 

(DOT) 

Federal Motor Carrier Safety 

Administration (FMCSA) 

Proposed Rule Stage 

305. • Motorcoach Lap/Shoulder Seat 

Belts (Section 610 Review) 

E.O. 13771 Designation: Regulatory. 

Legal Authority: Not Yet Determined 

Abstract: The Federal Motor Carrier 

Safety Administration proposes to 

amend the Federal motor carrier safety 

regulations to require all over-the-road 

buses manufactured on or after 

November 28, 2016, and other buses 

with a gross vehicle weight rating 

greater than 26,000 pounds and 

manufactured during the same 

timeframe to be equipped with lap/ 

shoulder seat belts in accordance with 

Federal Motor Vehicle Safety Standard 

No. 208 accommodating each passenger 

seating position, with certain 

exclusions. This rule will be a 

companion rule to the final rule 

published by the National Highway 

Traffic Safety Administration’s final 

rule published in November 2013. 

Timetable: 

Action Date FR Cite 

NPRM .................. 03/00/18 

Regulatory Flexibility Analysis 

Required: No. 

Agency Contact: Larry W. Minor, 

Director, Office of Bus and Truck 

Standards and Operations, Department 

of Transportation, Federal Motor Carrier 

Safety Administration, 1200 New Jersey 

Avenue SE, Washington, DC 20590, 

Phone: 202 366–4009, Email: 

larry.minor@dot.gov. 

RIN: 2126–AC08 

306. • Controlled Substances and 

Alcohol Testing: State Driver’s 

Licensing Agency Downgrade of 

Commercial Driver’s License (Section 

610 Review) 

E.O. 13771 Designation: Not subject 

to, not significant. 

Legal Authority: 49 U.S.C. 31136(a); 

49 U.S.C. 31305(a) 

Abstract: The Commercial Driver’s 

License Drug and Alcohol 

Clearinghouse (Clearinghouse) final rule 

(81 FR 87686 (Dec. 5, 2016), requires 

State Driver Licensing Agencies 

(SDLAs) to check the Clearinghouse 

before issuing, renewing, transferring, or 

upgrading a Commercial Driver’s 

License (CDL) to determine whether the 

driver is qualified to operate a 

commercial motor vehicle. FMCSA 

proposes to amend the Clearinghouse 

final rule to require SDLAs to 

downgrade the CDL of any driver for 

whom a verified positive controlled 

substances (drug) test result, an alcohol 

confirmation test with a concentration 

of .04 or higher, a refusal to submit to 

a drug or alcohol test, or an employer’s 

actual knowledge of prohibited drug or 

alcohol use is reported to the 

Clearinghouse. Under this NPRM, the 

CDL downgrade, currently defined in 49 

CFR 383.5 as the removal of the CDL 

privilege from the driver’s license, will 

remain in effect until the driver 

complies with return to duty 

requirements set forth in 49 CFR part 

40, subpart O. SDLAs will have 

electronic access to relevant information 

in the CDL holder’s Clearinghouse 

record through the Commercial Driver’s 

License Information System (CDLIS), 

which will enable them to initiate the 

downgrade process and to restore the 

CDL privilege to the driver’s license 

upon his or her completion of return to 

duty requirements. This proposal is 

intended to improve highway safety by 

establishing a means to enforce the 

existing requirement that CDL holders 

who test positive or refuse to test, or 

engage in other drug and alcohol 

program violations, must not perform 

safety-sensitive functions, including 

driving a commercial motor vehicle in 

intrastate or interstate commerce. This 

NPRM does not propose any other 

changes to the Clearinghouse final rule, 

nor does it propose any changes to the 

drug and alcohol testing requirements in 

part 382 and part 40. 

Timetable: 

Action Date FR Cite 

NPRM .................. 09/00/18 

Regulatory Flexibility Analysis 

Required: Undetermined. 

Agency Contact: Juan Moya, 

Department of Transportation, Federal 

Motor Carrier Safety Administration, 

1200 New Jersey Ave. SE, Washington, 

DC 20590, Phone: 202 366–4844, Email: 

juan.moya@dot.gov. 

RIN: 2126–AC11 

DEPARTMENT OF TRANSPORTATION 

(DOT) 

Federal Motor Carrier Safety 

Administration (FMCSA) 

Final Rule Stage 

307. Commercial Learner’s Permit 

Validity (Section 610 Review) 

E.O. 13771 Designation: Deregulatory. 

Legal Authority: 49 U.S.C. 31305; 49 

U.S.C. 31308 

Abstract: This rulemaking would 

amend Commercial Driver’s License 

(CDL) regulations to allow a commercial 

learner’s permit to be issued for one 

year, without renewal, rather than for no 

more than 180 days with an additional 

180 day renewal. This change would 

reduce costs to CDL applicants who are 

unable to complete the required training 

and testing within the current validity 

period, with no expected negative safety 

benefits. 

Timetable: 

Action Date FR Cite 

NPRM .................. 06/12/17 82 FR 26888 

NPRM Comment 

Period End.

08/11/17 

NPRM Comment 

Period End.

08/11/17 

Final Rule ............ 03/00/18 

Regulatory Flexibility Analysis 

Required: No. 

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–AB98 

308. • Incorporation by Reference; 

North American Standard Out-ofService Criteria; Hazardous Materials 

Safety Permits (Section 610 Review) 

E.O. 13771 Designation: Regulatory. 

Legal Authority: 49 U.S.C. 5105; 49 

U.S.C. 5109 

Abstract: This action will update an 

existing incorporation by reference (by 

the Commercial Vehicle Safety Alliance) 

of the North American Standard Out-ofService Criteria and level VI inspection 

procedures and out-of-service for 

commercial highway vehicles 

transporting transuranics and highway 

route controlled quantities of 

radioactive materials as defined in 49 

CFR part 173.403. 

Timetable: 

Action Date FR Cite 

Final Rule ............ 11/00/17 

Regulatory Flexibility Analysis 

Required: No. 

Agency Contact: Stephanie Dunlap, 

Department of Transportation, Federal 

Motor Carrier Safety Administration, 

1200 New Jersey Avenue SE, 

Washington, DC 20590, Phone: 202 366– 

3536, Email: stephanie.dunlap@dot.gov. 

RIN: 2126–AC01 

309. • Fees for the Unified Carrier Plan 

and Agreement (Section 610 Review) 

E.O. 13771 Designation: Regulatory. 


sradovich on DSK3GMQ082PROD with PROPOSALS
1922 Federal Register / Vol. 83, No. 9 / Friday, January 12, 2018 / Unified Agenda 

Legal Authority: 49 U.S.C. 14504a 

Abstract: This rule will reset the 

registration fees and a fee bracket 

structure for the Unified Carrier 

Registration Agreement set to begin in 

calendar year 2018. The statute specifies 

that the fees are to be determined by the 

Federal Motor Carrier Safety 

Administration based upon the 

recommendation of the Unified Carrier 

Registration Board of Directors. 

Timetable: 

Action Date FR Cite 

NPRM .................. 09/21/17 82 FR 44143 

NPRM Comment 

Period End.

10/02/17 

Final Rule ............ 12/00/17 

Regulatory Flexibility Analysis 

Required: No. 

Agency Contact: Frederic Wood, 

Attorney, Department of Transportation, 

Federal Motor Carrier Safety 

Administration, 1200 New Jersey 

Avenue SE, Washington, DC 20590, 

Phone: 202 366–8542, Email: 

frederic.wood@dot.gov. 

RIN: 2126–AC03 

DEPARTMENT OF TRANSPORTATION 

(DOT) 

Federal Motor Carrier Safety 

Administration (FMCSA) 

Long-Term Actions 

310. +Safety Monitoring System and 

Compliance Initiative for MexicoDomiciled Motor Carriers Operating in 

the United States 

E.O. 13771 Designation: Regulatory. 

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 

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: Ms. 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 

DEPARTMENT OF TRANSPORTATION 

(DOT) 

Federal Railroad Administration (FRA) 

Final Rule Stage 

311. +Train Crew Staffing and Location 

E.O. 13771 Designation: Regulatory. 

Legal Authority: 28 U.S.C. 2461, note; 

49 CFR 1.89; 49 U.S.C. 20103; 49 U.S.C. 

20107; 49 U.S.C. 21301 and 21302; 49 

U.S.C. 21304 

Abstract: This rule would establish 

requirements to appropriately address 

known safety risks posed by train 

operations that use fewer than two 

crewmembers. FRA is considering 

options based on public comments on 

the proposed rule and other 

information. 

Timetable: 

Action Date FR Cite 

NPRM .................. 03/15/16 81 FR 13918 

NPRM Comment 

Period End.

05/16/16 

Final Rule ............ 08/00/18 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Elliott Gillooly, 

Department of Transportation, Federal 

Railroad Administration, 1200 New 

Jersey Avenue SE, Washington, DC 

20590, Phone: 202 366–4000, Email: 

elliott.gillooly@dot.gov. 

RIN: 2130–AC48 

DEPARTMENT OF TRANSPORTATION 

(DOT) 

Saint Lawrence Seaway Development 

Corporation (SLSDC) 

Final Rule Stage 

312. • Seaway Regulations and Rules: 

Periodic Update, Various Categories 

(Rulemaking Resulting From a Section 

610 Review) 

E.O. 13771 Designation: Not subject 

to, not significant. 

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

Abstract: The Saint Lawrence Seaway 

Development Corporation (SLSDC) and 

the St. Lawrence Seaway Management 

Corporation (SLSMC) of Canada, under 

international agreement, jointly publish 

and presently administer the St. 

Lawrence Seaway Regulations and 

Rules (Practices and Procedures in 

Canada) in their respective jurisdictions. 

Under agreement with the SLSMC, the 

SLSDC is amending the joint regulations 

by updating the Seaway regulations and 

rules in various categories. These 

amendments are necessary to take 

account of updated procedures and will 

enhance the safety of transits through 

the Seaway. 

Timetable: 

Action Date FR Cite 

Final Rule ............ 02/00/18 

Regulatory Flexibility Analysis 

Required: No. 

Agency Contact: Carrie Lavigne, 

Department of Transportation, Saint 

Lawrence Seaway Development 

Corporation, 1200 New Jersey Avenue 

SE, Washington, DC 20590, Phone: 315 

764–3231, Email: carrie.mann@dot.gov. 

RIN: 2135–AA43 


sradovich on DSK3GMQ082PROD with PROPOSALS
Federal Register / Vol. 83, No. 9 / Friday, January 12, 2018 / Unified Agenda 1923 

313. • Tariff of Tolls (Rulemaking 

Resulting From a Section 610 Review) 

E.O. 13771 Designation: Not subject 

to, not significant. 

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

Abstract: The Saint Lawrence Seaway 

Development Corporation (SLSDC) and 

the St. Lawrence Seaway Management 

Corporation (SLSMC) of Canada, under 

international agreement, jointly publish 

and presently administer the St. 

Lawrence Seaway Tariff of Tolls in their 

respective jurisdictions. The Tariff sets 

forth the level of tolls assessed on all 

commodities and vessels transiting the 

facilities operated by the SLSDC and the 

SLSMC. The SLSDC is revising its 

regulations to reflect the fees and 

charges levied by the SLSMC in Canada, 

starting in the 2018 navigations season. 

Timetable: 

Action Date FR Cite 

Final Rule ............ 02/00/18 

Regulatory Flexibility Analysis 

Required: No. 

Agency Contact: Carrie Lavigne, 

Department of Transportation, Saint 

Lawrence Seaway Development 

Corporation, 1200 New Jersey Avenue 

SE, Washington, DC 20590, Phone: 315 

764–3231, Email: carrie.mann@dot.gov. 

RIN: 2135–AA44 

DEPARTMENT OF TRANSPORTATION 

(DOT) 

Pipeline and Hazardous Materials 

Safety Administration (PHMSA) 

Proposed Rule Stage 

314. Pipeline Safety: Amendments to 

Parts 192 and 195 To Require Valve 

Installation and Minimum Rupture 

Detection Standards. 

E.O. 13771 Designation: Regulatory. 

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

seq. 

Abstract: PHMSA is proposing to 

revise the Pipeline Safety Regulations 

applicable to newly constructed or 

entirely replaced natural gas 

transmission and hazardous liquid 

pipelines to improve rupture mitigation 

and shorten pipeline segment isolation 

times in high consequence and select 

non-high consequence areas. The 

proposed rule defines certain pipeline 

events as ‘‘ruptures’’ and outlines 

certain performance standards related to 

rupture identification and pipeline 

segment isolation. PHMSA also 

proposes specific valve maintenance 

and inspection requirements, and 9–1– 

1 notification requirements to help 

operators achieve better rupture 

response and mitigation. These 

proposals address Congressional 

mandates, incorporate 

recommendations from the National 

Transportation Safety Board, and are 

necessary to reduce the serious 

consequences of large-volume, 

uncontrolled releases of natural gas and 

hazardous liquids. 

Timetable: 

Action Date FR Cite 

NPRM .................. 04/00/18 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Robert Jagger, 

Technical Writer, Department of 

Transportation, Pipeline and Hazardous 

Materials Safety Administration, 1200 

New Jersey Avenue, Washington, DC 

20590, Phone: 202–366–4595, Email: 

robert.jagger@dot.gov. 

RIN: 2137–AF06 

DEPARTMENT OF TRANSPORTATION 

(DOT) 

Pipeline and Hazardous Materials 

Safety Administration (PHMSA) 

Final Rule Stage 

315. +Pipeline Safety: Safety of 

Hazardous Liquid Pipelines 

Regulatory Plan: This entry is Seq. 

No. 83 in part II of this issue of the 

Federal Register. 

RIN: 2137–AE66 

316. Pipeline Safety: Issues Related to 

the Use of Plastic Pipe in Gas Pipeline 

Industry (RRR) 

E.O. 13771 Designation: Deregulatory. 

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

seq. 

Abstract: PHMSA is amending the 

Federal Pipeline Safety Regulations that 

govern the use of plastic piping systems 

in the transportation of natural and 

other gas. These amendments are 

necessary to enhance pipeline safety, 

adopt innovative technologies and best 

practices, and respond to petitions from 

stakeholders. The amendments include 

an increased design factor for 

polyethylene (PE) pipe; stronger 

mechanical fitting requirements; new 

and updated riser standards; new 

accepted uses of Polyamide-11 (PA-11) 

thermoplastic pipe; authorization to use 

Polyamide-12 (PA-12) thermoplastic 

pipe; and new or updated consensus 

standards for pipe, fittings, and other 

components. 

Timetable: 

Action Date FR Cite 

NPRM .................. 05/21/15 80 FR 29263 

NPRM Comment 

Period End.

07/31/15 

Final Rule ............ 08/00/18 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Cameron H. 

Satterthwaite, Transportation 

Regulations Specialist, Department of 

Transportation, Pipeline and Hazardous 

Materials Safety Administration, 1200 

New Jersey Avenue SE, Washington, DC 

20590, Phone: 202–366–8553, Email: 

cameron.satterthwaite@dot.gov. 

RIN: 2137–AE93 

317. +Hazardous Materials: Oil Spill 

Response Plans and Information 

Sharing for High-Hazard Flammable 

Trains 

Regulatory Plan: This entry is Seq. 

No. 85 in part II of this issue of the 

Federal Register. 

RIN: 2137–AF08 

[FR Doc. 2017–28231 Filed 1–11–18; 8:45 am] 

BILLING CODE P 


sradovich on DSK3GMQ082PROD with PROPOSALS