```

[Federal Register Volume 82, Number 163 (Thursday, August 24, 2017)]
[Proposed Rules]
[Pages 40319-40339]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-17027]

[[Page 40319]]

Vol. 82

Thursday,

No. 163

August 24, 2017

Part XIII

Department of Transportation

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Semiannual Regulatory Agenda

Federal Register / Vol. 82 , No. 163 / Thursday, August 24, 2017 / 
Unified Agenda

[[Page 40320]]

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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 Agenda; Semiannual Summary

AGENCY: Office of the Secretary, DOT.

ACTION: Unified agenda of Federal regulatory and deregulatory actions 
(regulatory agenda).

-----------------------------------------------------------------------

SUMMARY: The Regulatory Agenda is a semiannual summary of all current 
and projected rulemakings, reviews of existing regulations, and 
completed 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, 
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

    Improvement of our regulations is a prime goal of the Department of 
Transportation (Department or DOT). Our regulations should be clear, 
simple, timely, fair, reasonable, and necessary. They should not be 
issued without appropriate involvement of the public; once issued, they 
should be periodically reviewed and revised, as needed, to ensure that 
they continue to meet the needs for which they originally were 
designed. To view additional information about the Department's 
regulatory activities online, go to http://www.dot.gov/regulations.
    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 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.
    On January 30, 2017, President Trump issued E.O. 13771, ``Reducing 
Regulation and Controlling Regulatory Costs,'' 82 FR 9339 (January 30, 
2017), which establishes principles for prioritizing an agency's 
regulatory and deregulatory actions. E.O. 13771 was shortly followed by 
E.O. 13777, ``Enforcing the Regulatory Agenda,'' 82 FR 12285 (February 
24, 2017), which identified processes for agencies to follow in 
overseeing their regulatory programs. This Agenda was prepared in 
accordance with both E.O. 13771 and E.O. 13777, and the Department will 
continue to work internally, as well as with the Office of Management 
and Budget, to fully implement their principles into our rulemaking 
processes.
    As part of our ongoing regulatory effort, the Department will 
likely revisit a number of proposed and final rulemakings to further 
streamline project delivery and reduce unnecessary administrative 
burdens; safety, however, will continue to be a priority. That's why we 
must ensure that regulatory decisions are rooted in analysis derived 
from sound science and data. They should also include risk-based 
analysis that prevents accidents before they happen, and considers the 
costs and benefits of new rulemakings.
    As new automated technologies are rapidly advancing, they carry 
with them the potential to dramatically change commercial 
transportation and private travel, expanding access for millions and 
improving safety on our roads, rails, and in our skies. We are 
committed to ensuring the safe integration of these technologies into 
our transportation system.
    We remain mindful, though, that infrastructure is the required 
underpinning of our country's world-class economy, so we will remain 
vigilant for opportunities where regulatory action can help strengthen 
and modernize our infrastructure.
    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. We 
have classified rules as significant in the

[[Page 40321]]

Agenda if they are, essentially, very beneficial, controversial, or of 
substantial public interest under our Regulatory Policies and 
Procedures. All DOT significant rulemaking documents are subject to 
review by the Secretary of Transportation. If the Office of Management 
and Budget (OMB) decided a rule is subject to its review under 
Executive Order 12866, we have also classified it as significant in the 
Agenda.

Explanation of Information on the Agenda

    An Office of Management and Budget memorandum, dated March 2, 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. In response to Executive Order 
13563 ``Retrospective Review and Analysis of Existing Rules,'' in 2011 
we prepared a retrospective review plan providing more detail on the 
process we use to conduct reviews of existing rules, including changes 
in response to Executive Order 13563. Any updates related to our 
retrospective plan and review results can be found at http://www.dot.gov/regulations.

Regulatory Flexibility Act

    The Department is especially interested in obtaining information on 
requirements that have a ``significant economic impact on a substantial 
number of small entities'' and, therefore, must be reviewed under the 
Regulatory Flexibility Act. If you have any suggested regulations, 
please submit them to us, along with your explanation of why they 
should be reviewed.
    In accordance with the Regulatory Flexibility Act, comments are 
specifically invited on regulations that we have targeted for review 
under section 610 of the Act. The phrase (sec. 610 Review) appears at 
the end of the title for these reviews. Please see appendix D for the 
Department's section 610 review plans.

Consultation With State, Local, and Tribal Governments

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

Purpose

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

    Dated: March 22, 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

[[Page 40322]]

available through the Internet at http://www.regulations.gov. See 
appendix C for more information.
    (Name of contact person), (Name of the DOT agency), 1200 New Jersey 
Avenue SE., Washington, DC 20590. (For the Federal Aviation 
Administration, substitute the following address: Office of Rulemaking, 
ARM-1, 800 Independence Avenue SW., Washington, DC 20591).

Appendix B--General Rulemaking Contact Persons

    The following is a list of persons who can be contacted within the 
Department for general information concerning the rulemaking process 
within the various operating administrations.
    FAA--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.

Section 610 Review Plan

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

Changes to the Review Plan

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

Part II--The Review Process

The Analysis

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

Section 610 Review

    The agency will analyze each of the rules in a given year's group 
to determine whether any rule has a SEIOSNOSE and, thus, requires 
review in accordance with section 610 of the Regulatory Flexibility 
Act. The level of analysis will, of course, depend on the nature of the 
rule and its applicability. Publication of agencies' section 610 
analyses listed each fall in this Agenda provides the public with 
notice and an opportunity to comment consistent with the requirements 
of the Regulatory Flexibility Act. We request that public comments be 
submitted to us early in the analysis year concerning the small entity 
impact of the rules to help us in making our determinations.
    In each fall Agenda, the agency will publish the results of the 
analyses it has completed during the previous year. For rules that had 
a negative finding on SEIOSNOSE, we will give a short explanation 
(e.g., ``these rules only establish petition processes that have no 
cost impact'' or ``these rules do not apply to any small entities''). 
For parts, subparts, or other discrete sections of rules that do have a 
SEIOSNOSE, we will announce that we will be

[[Page 40323]]

conducting a formal section 610 review during the following 12 months. 
At this stage, we will add an entry to the Agenda in the prerulemaking 
section describing the review in more detail. We also will seek public 
comment on how best to lessen the impact of these rules and provide a 
name or docket to which 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

------------------------------------------------------------------------
                         Regulations to
         Year              be reviewed     Analysis year    Review year
------------------------------------------------------------------------
1.....................  49 CFR parts 91             2008            2009
                         through 99 and
                         14 CFR parts
                         200 through 212.
2.....................  48 CFR parts                2009            2010
                         1201 through
                         1253 and new
                         parts and
                         subparts.
3.....................  14 CFR parts 213            2010            2011
                         through 232.
4.....................  14 CFR parts 234            2011            2012
                         through 254.
5.....................  14 CFR parts 255            2012            2013
                         through 298 and
                         49 CFR part 40.
6.....................  14 CFR parts 300            2013            2014
                         through 373.
7.....................  14 CFR parts 374            2014            2015
                         through 398.
8.....................  14 CFR part 399             2015            2016
                         and 49 CFR
                         parts 1 through
                         11.
9.....................  49 CFR parts 17             2016            2017
                         through 28.
10....................  49 CFR parts 29             2017            2018
                         through 39 and
                         parts 41
                         through 89.
------------------------------------------------------------------------

Year 9 (2016) List of Rules That Will Be Analyzed During the Next Year
49 CFR part 17--Intergovernmental review of Department of 
Transportation programs and activities
49 CFR part 20--New restrictions on lobbying
49 CFR part 21--Nondiscrimination In Federally-Assisted Programs of the 
Department of Transportation--Effectuation of Title VI of the Civil 
Rights Act Of 1964
49 CFR part 22--Short-Term Lending Program (STLP)
49 CFR part 23--Participation of Disadvantaged Business Enterprise in 
Airport Concessions
49 CFR part 24--Uniform Relocation Assistance And Real Property 
Acquisition For Federal And Federally-Assisted Programs
49 CFR part 25--Nondiscrimination On The Basis Of Sex in Education 
Programs or Activities Receiving Federal Financial Assistance
49 CFR part 26--Participation by Disadvantaged Business Enterprises in 
Department of Transportation Financial Assistance Programs
49 CFR part 27--Nondiscrimination On The Basis Of Disability in 
Programs or Activities Receiving Federal Financial Assistance
49 CFR part 28--Enforcement of Nondiscrimination on the Basis of 
Handicap in Programs or Activities Conducted by the Department of 
Transportation
Year 8 (2015) List of Rules With Ongoing Analysis
14 CFR part 399--Fees and Charges for Special Services
49 CFR part 1--Organization and Delegation of Power and Duties
49 CFR part 3--Official Seal
49 CFR part 5--Rulemaking Procedures
49 CFR part 6--Implementation of Equal Access to Justice Act in Agency 
Proceedings
49 CFR part --Public Availability of Information
49 CFR part 8--Classified Information: Classification/Declassification/
Access
49 CFR part 9--Testimony of Employees of the Department and Production 
of Records in Legal Proceedings
49 CFR part 10--Maintenance of and Access to Records Pertaining to 
Individuals
49 CFR part 11--Protection of Human Subjects
Year 7 (2014) List of Rules With Ongoing Analysis
14 CFR part 374--Implementation of the Consumer Credit Protection Act 
with Respect to Air Carriers and Foreign Air Carriers
14 CFR part 374a--Extension of Credit by Airlines to Federal Political 
Candidates
14 CFR part 375--Navigation of Foreign Civil Aircraft within the United 
States
14 CFR part 377--Continuance of Expired Authorizations by Operation of 
Law Pending Final Determination of Applications for Renewal Thereof
14 CFR part 380--Public Charters
14 CFR part 381--Special Event Tours
14 CFR part 382--Nondiscrimination On The Basis Of Disability in Air 
Travel
14 CFR part 383--Civil Penalties
14 CFR part 385--Staff Assignments and Review of Action under 
Assignments
14 CFR part 389--Fees and Charges for Special Services
14 CFR part 398--Guidelines for Individual Determinations of Basic 
Essential Air Service
Year 6 (2013) List of Rules With Ongoing Analysis
14 CFR part 300--Rules of Conduct in DOT Proceedings Under This Chapter
14 CFR part 302--Rules of Practice in Proceedings
14 CFR part 303--Review of Air Carrier Agreements
14 CFR part 305--Rules of Practice in Informal Nonpublic Investigations
14 CFR part 313--Implementation of the Energy Policy and Conservation 
Act
14 CFR part 323--Terminations, Suspensions, and Reductions of Service
14 CFR part 325--Essential Air Service Procedures
14 CFR part 330--Procedures For Compensation of Air Carriers
14 CFR part 372--Overseas Military Personnel Charters

[[Page 40324]]

Year 5 (Fall 2012) List of Rules With Ongoing Analysis
14 CFR part 255--Airline Computer Reservations Systems
14 CFR part 256--[Reserved]
14 CFR part 271--Guidelines for Subsidizing Air Carriers Providing 
Essential Air Transportation
14 CFR part 272--Essential Air Service to the Freely Associated States
14 CFR part 291--Cargo Operations in Interstate Air Transportation
14 CFR part 292--International Cargo Transportation
14 CFR part 293--International Passenger Transportation
14 CFR part 294--Canadian Charter Air Taxi Operators
14 CFR part 296--Indirect Air Transportation of Property
14 CFR part 297--Foreign Air Freight Forwarders and Foreign Cooperative 
Shippers Associations
14 CFR part 298--Exemptions for Air Taxi and Commuter Air Carrier 
Operations
Year 4 (Fall 2011) List of Rules With Ongoing Analysis
14 CFR part 240--Inspection of Accounts and Property
14 CFR part 241--Uniform System of Accounts and Reports for Large 
Certificated Air Carriers
14 CFR part 243--Passenger Manifest Information
14 CFR part 247--Direct Airport-to-Airport Mileage Records
14 CFR part 248--Submission of Audit Reports
14 CFR part 249--Preservation of Air Carrier Records
Year 3 (Fall 2010) List of Rules With Ongoing Analysis
14 CFR part 213--Terms, Conditions, and Limitations of Foreign Air 
Carrier Permits
14 CFR part 214--Terms, Conditions, and Limitations of Foreign Air 
Carrier Permits Authorizing Charter Transportation Only
14 CFR part 215--Use and Change of Names of Air Carriers, Foreign Air 
Carriers, and Commuter Air Carriers
14 CFR part 216--Commingling of Blind Sector Traffic by Foreign Air 
Carriers
14 CFR part 217--Reporting Traffic Statistics by Foreign Air Carriers 
in Civilian Scheduled, Charter, and Nonscheduled Services
14 CFR part 218--Lease by Foreign Air Carrier or Other Foreign Person 
of Aircraft With Crew
14 CFR part 221--Tariffs
14 CFR part 222--Intermodal Cargo Services by Foreign Air Carriers
14 CFR part 223--Free and Reduced-Rate Transportation
14 CFR part 232--Transportation of Mail, Review of Orders of Postmaster 
General
14 CFR part 234--Airline Service Quality Performance Reports
Year 1 (Fall 2008) List of Rules With Ongoing Analysis
49 CFR part 91--International Air Transportation Fair Competitive 
Practices
49 CFR part 92--Recovering Debts to the United States by Salary Offset
49 CFR part 98--Enforcement of Restrictions on Post-Employment 
Activities
49 CFR part 99--Employee Responsibilities and Conduct
14 CFR part 200--Definitions and Instructions
14 CFR part 201--Air Carrier Authority Under Subtitle VII of Title 49 
of the United States Code [Amended]
14 CFR part 203--Waiver of Warsaw Convention Liability Limits and 
Defenses
14 CFR part 204--Data to Support Fitness Determinations
14 CFR part 205--Aircraft Accident Liability Insurance
14 CFR part 206--Certificates of Public Convenience and Necessity: 
Special Authorizations and Exemptions
14 CFR part 207--Charter Trips by U.S. Scheduled Air Carriers
14 CFR part 208--Charter Trips by U.S. Charter Air Carriers
14 CFR part 211--Applications for Permits to Foreign Air Carriers
14 CFR part 212--Charter Rules for U.S. and Foreign Direct Air Carriers

Federal Aviation Administration

Section 610 and Other Reviews
Section 610 Review Plan
    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.

------------------------------------------------------------------------
                         Regulations to
         Year              be reviewed     Analysis year    Review year
------------------------------------------------------------------------
1.....................  14 CFR parts 119            2008            2009
                         through 129 and
                         parts 150
                         through 156.
2.....................  14 CFR parts 133            2009            2010
                         through 139 and
                         parts 157
                         through 169.
3.....................  14 CFR parts 141            2010            2011
                         through 147 and
                         parts 170
                         through 187.
4.....................  14 CFR parts 189            2011            2012
                         through 198 and
                         parts 1 through
                         16.
5.....................  14 CFR parts 17             2012            2013
                         through 33.
6.....................  14 CFR parts 34             2013            2014
                         through 39 and
                         parts 400
                         through 405.
7.....................  14 CFR parts 43             2014            2015
                         through 49 and
                         parts 406
                         through 415.
8.....................  14 CFR parts 60             2015            2016
                         through 77.
9.....................  14 CFR parts 91             2016            2017
                         through 105.
10....................  14 CFR parts 417            2017            2018
                         through 460.
------------------------------------------------------------------------

Background on the Regulatory Flexibility Act

    The Regulatory Flexibility Act of 1980 as amended (RFA), sections 
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 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

[[Page 40325]]

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 91 through 105.
     Identification and analysis of all amendments to parts 91 
through 105 since 2006 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 10 (2017) List of Rules To Be Analyzed During the Next Year
14 CFR part 417--Launch Safety
14 CFR part 420--License to Operate a Launch Site
14 CFR part 431--Launch and Reentry of a Reusable Launch Vehicle (RLV)
14 CFR part 433--License to Operate a Reentry Site
14 CFR part 43--Reentry of a Reentry Vehicle Other Than a Reusable 
Launch Vehicle (RLV)
14 CFR part 437--Experimental Permits
14 CFR part 440--Financial Responsibility
14 CFR part 460--Human Space Flight Requirements
Year 9 (2016) List of Rules Analyzed and Summary of Results
14 CFR part 9--General Operating and Flight Rules
     Section 610: The agency conducted a Section 610 review of 
this part and found 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.
14 CFR part 93--Special Air Traffic Rules
     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.
14 CFR part 95--IFR Altitudes
     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.
14 CFR part 97--Standard Instrument Procedures
     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.
14 CFR part 99--Security Control of Air Traffic
     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.
14 CFR part 101--Moored Balloons, Kites, Amateur Rockets and Unmanned 
Free Balloons
     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.
14 CFR part 103--Ultralight Vehicles
     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.
14 CFR part 105--Parachute Operations
     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.

Federal Highway Administration

Section 610 and Other Reviews

------------------------------------------------------------------------
                         Regulations to
         Year              be reviewed     Analysis year    Review year
------------------------------------------------------------------------
1.....................  None............            2008            2009
2.....................  23 CFR parts 1              2009            2010
                         to 260.
3.....................  23 CFR parts 420            2010            2011
                         to 470.
4.....................  23 CFR part 500.            2011            2012
5.....................  23 CFR parts 620            2012            2013
                         to 637.
6.....................  23 CFR parts 645            2013            2014
                         to 669.
7.....................  23 CFR parts 710            2014            2015
                         to 924.
8.....................  23 CFR parts 940            2015            2016
                         to 973.
9.....................  23 CFR parts                2016            2017
                         1200 to 1252.
10....................  New parts and               2017            2018
                         subparts.
------------------------------------------------------------------------

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

[[Page 40326]]

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 8 (Fall 2015) List of Rules Analyzed and a Summary of Results
23 CFR part 940--Intelligent Transportation System Architecture and 
Standards
     Section 610: No SEIOSNOSE. No small entities are affected
     General: No changes are needed. These regulations are cost 
effective and impose the least burden. FHWA's plain language review of 
these rules indicates no need for substantial revision.
23 CFR part 950--Electronic Toll Collection
     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 FR part 970--National Park Service Management Systems
     Section 610: No SEIOSNOSE. No small entities are affected
     General: No changes are needed. These regulations are cost 
effective and impose the least burden. FHWA's plain language review of 
these rules indicates no need for substantial revision.
23 CFR part 971--Forest Service Management Systems
     Section 610: No SEIOSNOSE. No small entities are affected
     General: No changes are needed. These regulations are cost 
effective and impose the least burden. FHWA's plain language review of 
these rules indicates no need for substantial revision.
23 CFR part 972--Fish and Wildlife Service Management Systems
     Section 610: No SEIOSNOSE. No small entities are affected
     General: No changes are needed. These regulations are cost 
effective and impose the least burden. FHWA's plain language review of 
these rules indicates no need for substantial revision.
23 CFR part 973--Management Systems Pertaining to the Bureau of Indian 
Affairs and the Indian Reservation Roads Program
     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 9 (Fall 2016) List of Rules That Will Be Analyzed During the Next 
Year
23 CFR part 1200--Uniform Procedures for State Highway Safety Grant 
Programs
23 CFR part 1208--National Minimum Drinking Age
23 CFR part 1210--Operation of Motor Vehicles by Intoxicated Minors
23 CFR part 1215--Use of Safety Belts--Compliance and Transfer-of-funds 
Procedures
23 CFR part 1225--Operation of Motor Vehicles by Intoxicated Persons
23 CFR part 1235--Uniform System for Parking for Persons with 
Disabilities
23 CFR part 1240--Safety Incentive Grants for Use of Seat Belts--
Allocations Based on Seat Belt Use Rates

Federal Motor Carrier Safety Administration

Section 610 and Other Reviews

------------------------------------------------------------------------
                         Regulations to
         Year              be reviewed     Analysis year    Review year
------------------------------------------------------------------------
1.....................  49 CFR part 372,            2008            2009
                         subpart A.
2.....................  49 CFR part 386.            2009            2010
3.....................  49 CFR parts 325            2010            2011
                         and 390
                         (General).
4.....................  49 CFR parts 390            2011            2012
                         (Small
                         Passenger-
                         Carrying
                         Vehicles), 391
                         to 393 and 396
                         to 399.
5.....................  49 CFR part 387.            2012            2013
6.....................  49 CFR parts                2013            2014
                         360, 365, 366,
                         368, 374, 377,
                         and 378.
7.....................  49 CFR parts                2014            2015
                         356, 367, 369,
                         370, 371, 372
                         (subparts B and
                         C).
8.....................  49 CFR parts                2015            2016
                         373, 376, and
                         379.
9.....................  49 CFR part 375.            2016            2017
10....................  49 CFR part 395.            2017            2018
------------------------------------------------------------------------

Year 7 (Fall 2014) List of Rules With Ongoing Analysis
49 CFR part 356--Motor Carrier Routing Regulations
     Section 610: There is no SEIOSNOSE. FMCSA requires for-
hire interstate carriers to pay a single $300 registration fee (49 CFR 
part 365); making the process of paying by the route obsolete.
     General: These regulations are cost effective and impose 
the least burden. The commercial routes discussed in this rule have 
been eclipsed by the advent of the Unified Carrier Registration (UCR) 
and the International Registration Plan (IRP). It is our opinion that 
49 CFR part 356 is obsolete and should be removed in its entirety.
49 CFR part 367--Standards for Registration With States
     Section 610: There is no SEIOSNOSE. This action is not 
economically significant. All costs associated with this rule are 
required pursuant to an explicit Congressional mandate in Safe, 
Accountable, Flexible, Efficient Transportation Equity Act: A Legacy 
for Users (SAFETEA-LU). Also, a majority of the fees under the current 
rule replace fees that were paid under the Single State Registration 
System (SSRS). Much of the revenue collected by the new fees would have 
been collected under SSRS from the same entities.
     General: These regulations are cost effective and impose 
the least burden. FMCSA's plain language review of these rules 
indicates no need for substantial revision.
49 CFR part 369--Reports of Motor Carriers
     Section 610: There is no SEIOSNOSE. This rule requires the 
reporting of principally financial data and it impacts only a small 
percentage of larger motor carriers (class I and class II carriers).
     General: These regulations are cost effective and impose 
the least burden to carriers. It is our opinion that the rule is 
obsolete and should be removed in its entirety. However, Congressional 
action to modify the statute is required and has not been granted to 
eliminate

[[Page 40327]]

this regulation.
49 CFR part 370--Principles and Practices for the Investigation and 
Voluntary Disposition of Loss and Damage Claims and Processing Salvage
     Section 610: There is no SEIOSNOSE, largely due to the 
fact that compliance with the rule is required by contract law and 
prudent commercial business practices.
     General: These regulations are cost effective and impose 
the least burden. This rule offers guidance on the business approach to 
deal with claims made against carriers for loss or damage of property. 
It is our opinion that the 49 CFR part 370 is obsolete in that it 
serves no discernible safety function. The requirement to follow and 
comply with the terms of Bills of Lading contracts are already captured 
by other laws.
49 CFR part 371--Brokers of Property
     Section 610: There is no SEIOSNOSE. The potential costs 
identified in the Agency's worst case analysis are minimal, and 
represent costs that the vast majority of Brokers should already be 
incurring.
     General: This rule prescribes rules for brokers of 
property. Comments received during the rulemaking process indicate that 
some level of regulation is appropriate and should be retained.
49 CFR part 372 (subparts B and C)--Exemptions, Commercial Zones and 
Terminal Areas
     Section 610: There is no SEIOSNOSE. FMCSA requires for-
hire interstate carriers to pay a single $300 registration fee (49 CFR 
part 365). The process addressed under 49 CFR part 372 identifies 
exemptions and commercial zones for which registration fees may not be 
required.
     General: These regulations are cost effective and impose 
the least burden. FMCSA's plain language review of these rules 
indicates no need for substantial revision.
Year 8 (2015) List of Rules Will Ongoing Analysis
49 CFR part 373--Receipts and Bills
49 CFR part 376--Lease and Interchange of Vehicles
49 CFR part 379--Preservation of Records
Year 9 (2016) List of Rules That Will Be Analyzed During the Next Year
49 CFR part 375--Transportation of Household Goods in Interstate 
Commerce; Consumer Protection Regulations

National Highway Traffic Safety Administration

Section 610 and Other Reviews

------------------------------------------------------------------------
                         Regulations to
         Year              be reviewed     Analysis year    Review year
------------------------------------------------------------------------
1.....................  49 CFR parts                2008            2009
                         571.223 through
                         571.500, and
                         parts 575 and
                         579.
2.....................  23 CFR parts                2009            2010
                         1200 through
                         1300.
3.....................  49 CFR parts 501            2010            2011
                         through 526 and
                         571.213.
4.....................  49 CFR parts                2011            2012
                         571.131,
                         571.217,
                         571.220,
                         571.221, and
                         571.222.
5.....................  49 CFR parts                2012            2013
                         571.101 through
                         571.110, and
                         571.135,
                         571.138, and
                         571.139.
6.....................  49 CFR parts 529            2013            2014
                         through 578,
                         except parts
                         571 and 575.
7.....................  49 CFR parts                2014            2015
                         571.111 through
                         571.129 and
                         parts 580
                         through 588.
8.....................  49 CFR parts                2015            2016
                         571.201 through
                         571.212.
9.....................  49 CFR parts                2016            2017
                         571.214 through
                         571.219, except
                         571.217.
10....................  49 CFR parts 591            2017            2018
                         through 595 and
                         new parts and
                         subparts.
------------------------------------------------------------------------

Year 8 (Fall 2015) List of Rules Analyzed and a Summary of the Results
49 CFR part 571.201--Occupant Protection in Interior Impact
     Section 610: There is no SEIOSNOSE.
     General: No changes are needed. These regulations are cost 
effective and impose the least burden. NHTSA's plain language review of 
these rules indicates no need for substantial revision.
49 CFR part 571.202--Head Restraints; Applicable at the Manufacturers 
Option Until September 1, 2009
     Section 610: There is no SEIOSNOSE.
     General: No changes are needed. These regulations are cost 
effective and impose the least burden. NHTSA's plain language review of 
these rules indicates no need for substantial revision.
49 CFR part 571.202a--Head Restraints; Mandatory Applicability Begins 
on September 1, 2009
     Section 610: There is no SEIOSNOSE.
     General: No changes are needed. These regulations are cost 
effective and impose the least burden. NHTSA's plain language review of 
these rules indicates no need for substantial revision.
49 CFR part 571.203--Impact Protection for the Driver From the Steering 
Control System
     Section 610: There is no SEIOSNOSE.
     General: No changes are needed. These regulations are cost 
effective and impose the least burden. NHTSA's plain language review of 
these rules indicates no need for substantial revision.
49 CFR part 571.204--Steering Control Rearward Displacement
     Section 610: There is no SEIOSNOSE.
     General: No changes are needed. These regulations are cost 
effective and impose the least burden. NHTSA's plain language review of 
these rules indicates no need for substantial revision.
49 CFR part 571.205--Glazing Materials
     Section 610: There is no SEIOSNOSE.
     General: No changes are needed. These regulations are cost 
effective and impose the least burden. NHTSA's plain language review of 
these rules indicates no need for substantial revision.
49 CFR part 571.205a--Glazing Equipment Manufactured Before September 
1, 2006 and Glazing Materials Used in Vehicles Manufactured Before 
November 1, 2006
     Section 610: There is no SEIOSNOSE.
     General: No changes are needed. These regulations are cost 
effective and impose the least burden. NHTSA's plain language review of 
these rules indicates no need for substantial revision.
49 CFR part 571.206--Door Locks and Door Retention Components
     Section 610: There is no SEIOSNOSE.
     General: No changes are needed. These regulations are cost 
effective and impose the least burden. NHTSA's plain language review of 
these rules indicates no need for substantial revision.
49 CFR part 571.207--Seating Systems

[[Page 40328]]

     Section 610: There is no SEIOSNOSE.
     General: No changes are needed. These regulations are cost 
effective and impose the least burden. NHTSA's plain language review of 
these rules indicates no need for substantial revision.
49 CFR part 571.208--Occupant Crash Protection
     Section 610: There is no SEIOSNOSE.
     General: No changes are needed. These regulations are cost 
effective and impose the least burden. NHTSA's plain language review of 
these rules indicates no need for substantial revision.
49 CFR part 571.209--Seat Belt Assemblies
     Section 610: There is no SEIOSNOSE.
     General: No changes are needed. These regulations are cost 
effective and impose the least burden. NHTSA's plain language review of 
these rules indicates no need for substantial revision.
49 CFR part 571.210--Seat Belt Assembly Anchorages
     Section 610: There is no SEIOSNOSE.
     General: No changes are needed. These regulations are cost 
effective and impose the least burden. NHTSA's plain language review of 
these rules indicates no need for substantial revision.
49 CFR part 571.211--[Reserved]
49 CFR part 571.212--Windshield Mounting
     Section 610: There is no SEIOSNOSE.
     General: No changes are needed. These regulations are cost 
effective and impose the least burden. NHTSA's plain language review of 
these rules indicates no need for substantial revision.
Year 9 (Fall 2016) List of Rules That Will Be Analyzed During the Next 
Year
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

Federal Railroad Administration

Section 610 and Other Reviews

------------------------------------------------------------------------
                         Regulations to
         Year              be reviewed     Analysis year    Review year
------------------------------------------------------------------------
1.....................  49 CFR parts 200            2008            2009
                         and 201.
2.....................  49 CFR parts                2009            2010
                         207, 209, 211,
                         215, 238, and
                         256.
3.....................  49 CFR parts                2010            2011
                         210, 212, 214,
                         217, and 268.
4.....................  49 CFR part 219.            2011            2012
5.....................  49 CFR parts                2012            2013
                         218, 221, 241,
                         and 244.
6.....................  49 CFR parts                2013            2014
                         216, 228, and
                         229.
7.....................  49 CFR parts 223            2014            2015
                         and 233.
8.....................  49 CFR parts                2015            2016
                         224, 225, 231,
                         and 234.
9.....................  49 CFR parts                2016            2017
                         222, 227, 235,
                         236, 250, 260,
                         and 266.
10....................  49 CFR parts                2017            2018
                         213, 220, 230,
                         232, 239, 240,
                         and 265.
------------------------------------------------------------------------

Year 8 (Fall 2016) List of Rules Analyzed and a Summary of Results
49 CFR part 224--Reflectorization of Rail Freight Rolling Stock
     Section 610: There is no SEIOSNOSE.
     General: The regulation requires freight rolling stock 
owners and railroads to have all freight rolling properly equipped with 
retroreflective material within 10 years of the effective date of the 
final rule for the purpose of enhancing its detectability at highway-
rail crossings. Freight rolling stock owners and railroads are also 
required to periodically inspect and maintain that material. The rule 
also established a 10-year implementation schedule to help facilitate 
the initial application of retoreflective material to non-reflectorized 
freight rolling stock. Further, the regulation prescribes standards for 
the application, inspection, and maintenance of retroreflective 
material on rail freight rolling. FRA's plain language review of this 
rule indicates no need for revision.
49 CFR part 225--Railroad Accidents/Incidents: Reports Classification 
and Investigations
     Section 610: There is no SEIOSNOSE. Section 225.3 
specifically states that certain Internal Control Plan and 
recordkeeping requirements are not applicable to railroads below a 
certain size. FRA makes available a free software package to all 
railroads that would allow for FRA recordkeeping and reporting. FRA 
also makes available the FRA Guide for Preparing Accident/Incident 
Reports, and model Internal Control Plans for small railroads.
     General: Since the FRA needs accurate information on the 
hazards and risks that exist on the nation's railroads to effectively 
carry out its regulatory responsibilities, to determine comparative 
trends of railroad safety, and to develop hazard elimination and risk 
reduction programs that focus on preventing railroad injuries and 
accidents, the requirements set forth in part 225 will improve railroad 
safety for industry employees and general public. FRA's plain language 
review of this rule indicates no need for substantial revision.
49 CFR part 231--Railroad Safety Appliances Standards
     Section 610: There is no SEIOSNOSE. Small railroads 
generally purchase rail equipment that has already been used in 
transportation by Class I and Class II railroads. As a result, rail 
equipment used by small railroads is often in compliance with Part 231 
standards at the time of acquisition. In addition, small railroads are 
not substantially affected by rail equipment maintenance costs that are 
associated with Part 231 requirements because most rail equipment 
repairs are performed by Class I and Class II railroads and/or billed 
to the car owner. Although Part 231 may have some impact on small 
railroads, FRA has deemed any such impact to be necessary to ensure 
uniform and consistent equipment design requirements, which contribute 
to the safety of railroad employees who work on or about the rail 
equipment.
     General: The rule provides for railroad safety standards 
which are necessary to ensure the protection

[[Page 40329]]

and safety of railroad employees and general public, and to minimize 
the number of casualties. FRA's plain language review of this rule 
indicates no need for substantial revision.
49 CFR part 234--Grade Crossing Safety
     Section 610: There is no SEIOSNOSE. This rule does not 
apply to railroads that exclusively operate freight trains only on 
track which is not part of the general railroad system of 
transportation, rapid transit operations within an urban area that are 
not connected to the general railroad system of transportation or 
railroads that operates passenger trains only on track inside insular 
installations. Since small railroads have proportionately smaller 
number of grade crossing warning systems to inspect, test and maintain, 
therefore, smaller railroads would have a smaller burden of cost per 
crossing. So far as the State Highway-Rail Grade Crossing Action Plans 
are concerned, the requirements would apply to States--none of which is 
small.
     General: Since the rule prescribes maintenance, inspection 
and testing standards for highway-rail grade crossing warning systems, 
standards for the reporting of failures of such systems and minimum 
actions railroads must take when such warning systems malfunction. 
These regulations are necessary to ensure the protection and safety of 
railroad employees and general public, and to minimize the number of 
casualties. FRA's plain language review of this rule indicates no need 
for substantial revision.
Year 9 (Fall 2017) List of Rule(s) That Will Be Analyzed During Next 
Year
49 CFR part 222--Use of Locomotive Horns at Public Highway-Rail Grade 
Crossings
49 CFR part 227--Occupational Noise Exposure
49 CFR part 235--Instructions Governing Applications for Approval of a 
Discontinuance or Material Modification of a Signal System or Relief 
from the Requirements of Part 236
49 CFR part 236--Rules, Standards, and Instructions Governing the 
Installation, Inspection, Maintenance, and Repair of Signal and Train 
Control Systems, Devices, and Appliances
49 CFR part 250--Guarantee of Certificates of Trustees of Railroads in 
Reorganization
49 CFR part 260--Regulations Governing Loans and Loan Guarantees Under 
the Railroad Rehabilitation and Improvement Financing Program
49 CFR part 266--Assistance to States For Local Rail Service Under 
Section 5 of the Department of Transportation Act

Federal Transit Administration

Section 610 and Other Reviews

------------------------------------------------------------------------
                         Regulations to
         Year              be reviewed     Analysis year    Review year
------------------------------------------------------------------------
1.....................  49 CFR parts                2008            2009
                         604, 605, and
                         633.
2.....................  49 CFR parts 661            2009            2010
                         and 665.
3.....................  49 CFR part 633.            2010            2011
4.....................  49 CFR parts 609            2011            2012
                         and 611.
5.....................  49 CFR parts 613            2012            2013
                         and 614.
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            2016            2017
                         and 663.
10....................  49 CFR part 665.            2017            2018
------------------------------------------------------------------------

Year 8 (Fall 2015) List of Rules Analyzed and Summary of Results
49 CFR part 639--Capital Leases
     Section 610: The agency has determined that the rule 
continues to not have a significant effect on a substantial number of 
small entities. Provisions of the recently enacted Fixing America's 
Surface Transportation (FAST) Act removed the requirement for a 
recipient to conduct a cost-effectiveness analysis before entering any 
lease agreement using Federal capital assistance and removed the 
applicability of part 639 to rolling stock procurements through capital 
leases. However, other provisions of part 639 continue to apply. FTA is 
currently revising the Grant Management Requirements Circular 5010, to 
provide guidance to recipients for the capital lease program. FTA has 
evaluated the likely effects of the proposed rule on small entities and 
requested public comment on proposed revisions to Circular 5010. FTA 
has determined that the proposed revisions and the current regulation 
do not have a significant economic impact on a substantial number of 
small entities.
     General: The rule was promulgated to prescribe 
requirements and procedures to procure capital assets through lease 
agreements with the use of Federal capital assistance. Recently, 
Congress enacted the Fixing America's Surface Transportation Act 
(FAST), Public Law 114-357, (2015). The statue revised the definition 
of capital project so that a recipient is no longer required to conduct 
a cost-effectiveness analysis before leasing public transportation 
equipment or facilities with Federal funds. In addition, the statue 
exempts certain rolling stock procurements from the requirements of 49 
CFR part 639. FTA has proposed revisions to Circular 5010 and requested 
public comment on its proposal to conform its capital lease 
requirements to the FAST Act provisions. Although, the FAST Act has 
revised some requirements of this part, other provisions of the rule 
continue to apply.
Year 9 (Fall 2016)--List of Rule(s) That Will Be Analyzed This Year
49 CFR part 659--Sate Safety Oversight and 49 CFR part 663--Pre-Award 
and post-deliver audits of rolling stock purchases

Maritime Administration

Section 610 and Other Reviews

[[Page 40330]]

------------------------------------------------------------------------
                         Regulations to
         Year              be reviewed     Analysis year    Review year
------------------------------------------------------------------------
1.....................  46 CFR parts 201            2008            2009
                         through 205.
2.....................  46 CFR parts 221            2009            2010
                         through 232.
3.....................  46 CFR parts 249            2010            2011
                         through 296.
4.....................  46 CFR parts                2011            2012
                         221, 298, 308,
                         and 309.
5.....................  46 CFR parts 307            2012            2013
                         through 309.
6.....................  46 CFR part 310.            2013            2014
7.....................  46 CFR parts 315            2014            2015
                         through 340.
8.....................  46 CFR parts 345            2015            2016
                         through 381.
9.....................  46 CFR parts 382            2016            2017
                         through 389.
10....................  46 CFR parts 390            2017            2018
                         through 393.
------------------------------------------------------------------------

Year 6 (2013) List of Rules Analyzed and a Summary of Results
46 CFR part 310--Merchant Marine Training
     Section 610: There is no SEIONOSE.
     General: Changes that are being considered require 
coordination between multiple offices and Maritime educational 
institutions. Our ongoing review has confirmed that the proposed rule 
will not apply to small entities.
Year 7 (2014) List of Rules Analyzed and a Summary of Results
46 CFR parts 315 through 340--Subchapter 1-A--National Shipping 
Authority
     Section 610 review: There is no SEIOSNOSE.
     General: The agency is preparing a technical final update 
which will delete obsolete references, including entire parts, and will 
provide new office and contact information. Our ongoing review has 
confirmed that this rule will not apply to small entities.
Year 8 (2015) List of Rules Analyzed and a Summary of Results
46 CFR part 356--Requirements for vessels over 100 feet or greater in 
registered length to obtain a fishery endorsement to the vessel's 
documentation
     Section 610 review: There is no SEIOSNOSE.
     General: The agency is preparing a final rule which will 
implement statutorily required updates. Our ongoing review has 
confirmed that this rule will not apply to small entities.
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 That Will Be Analyzed During the Next Year
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

Pipeline and Hazardous Materials Safety Administration (PHMSA)

Section 610 and Other Reviews

------------------------------------------------------------------------
                         Regulations to
         Year              be reviewed     Analysis year    Review year
------------------------------------------------------------------------
1.....................  49 CFR part 178.            2008            2009
2.....................  49 CFR parts 178            2009            2010
                         through 180.
3.....................  49 CFR parts 172            2010            2011
                         and 175.
4.....................  49 CFR part 171,            2011            2012
                         sections 171.15
                         and 171.16.
5.....................  49 CFR parts                2012            2013
                         106, 107, 171,
                         190, and 195.
6.....................  49 CFR parts                2013            2014
                         174, 177, 191,
                         and 192.
7.....................  49 CFR parts 176            2014            2015
                         and 199.
8.....................  49 CFR parts 172            2015            2016
                         and 178.
9.....................  49 CFR parts                2016            2017
                         172, 173, 174,
                         176, 177, and
                         193.
10....................  49 CFR parts 173            2017            2018
                         and 194.
------------------------------------------------------------------------

Year 8 (Fall 2016) List of Rules Analyzed and a Summary of Results
49 CFR part 172--Hazardous Materials Table, Special Provisions, 
Hazardous Materials Communications, Emergency Response Information, 
Training Requirements, and Security Plans
     Section 610: There is no SEIOSNOSE. A substantial number 
of small entities may be affected by this rule, but the economic impact 
on those entities is not significant. Plain Language: PHMSA's plain 
language review of this rule indicates no need for substantial 
revision. Where confusing or wordy language has been identified, 
revisions have been and will be made to simplify.
     General: This rule prescribes minimum requirements for the 
communication of risks associated with materials classed as hazardous 
in accordance with the Hazardous Materials Regulations (HMR; 49 CFR 
parts 171-180). On June 2, 2016 PHMSA published a final rule entitled 
``Hazardous Materials: Miscellaneous Amendments (RRR)'' 81 FR 35483. As 
this final rule clarifies provisions based on PHMSA's initiatives and

[[Page 40331]]

correspondence with the regulated community, the impact that it will 
have on small entities is not expected to be significant. The changes 
are generally intended to provide relief and, as a result, marginal 
positive economic benefits to shippers, carriers, and packaging 
manufactures 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 178--Specifications for Packagings

     Section 610: There is no SEIOSNOSE. A substantial number 
of small entities, particularly those that use performance oriented 
packagings, may be affected by this rule, but the economic impact on 
those entities is not significant.
     General: This rule prescribes minimum Federal safety 
standards for the construction of DOT specification packagings, these 
requirements are necessary to protect transportation workers and the 
public and to ensure the survivability of DOT specification packagings 
during transportation incidents. PHMSA's plain language review of this 
rule indicates no need for substantial revision.
Year 9 (Fall 2017) List of Rules That Will Be Analyzed During the Next 
Year
49 CFR part 172--Hazardous Materials Table, Special Provisions, 
Hazardous Materials Communications, Emergency Response Information, 
Training Requirements, and Security Plans
49 CFR part 173--Shippers--General Requirements for Shipments and 
Packagings
49 CFR part 174--Carriage by Rail
49 CFR part 176--Carriage by Vessel
49 CFR part 177--Carriage by Public Highway
49 CFR part 193--Liquefied Natural Gas Faculties: Federal Safety 
Standards

Saint Lawrence Seaway Development Corporation

Section 610 and Other Reviews

------------------------------------------------------------------------
                         Regulations to
         Year              be reviewed     Analysis year    Review year
------------------------------------------------------------------------
1.....................  33 CFR parts 401            2008            2009
                         through 403.
------------------------------------------------------------------------

Year 1 (Fall 2008) List of Rules With Ongoing Analysis
33 CFR part 401--Seaway Regulations and Rules
33 CFR part 402--Tariff of Tolls
33 CFR part 403--Rules of Procedure of the Joint Tolls Review Board

               Office of the Secretary--Completed Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
168.......................  + Enhancing Airline                2105-AE11
                             Passenger Protections III.
------------------------------------------------------------------------
+ DOT-designated significant regulation.

             Federal Aviation Administration--Prerule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
169.......................  + Applying the Flight,             2120-AK26
                             Duty, and Rest Rules of
                             14 CFR part 135 to Tail-
                             End Ferry Operations (FAA
                             Reauthorization).
------------------------------------------------------------------------
+ DOT-designated significant regulation.

          Federal Aviation Administration--Proposed Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
170.......................  +Drug and Alcohol Testing          2120-AK09
                             of Certain Maintenance
                             Provider Employees
                             Located Outside of the
                             United States.
171.......................  + Applying the Flight,             2120-AK22
                             Duty, and Rest
                             Requirements to Ferry
                             Flights That Follow
                             Domestic, Flag, or
                             Supplemental All-Cargo
                             Operations
                             (Reauthorization).
172.......................  + Pilot Records Database           2120-AK31
                             (HR 5900).
173.......................  + Aircraft Registration            2120-AK37
                             and Airmen Certification
                             Fees.
------------------------------------------------------------------------
+ DOT-designated significant regulation.

[[Page 40332]]

            Federal Aviation Administration--Final Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
174.......................  + Airport Safety                   2120-AJ38
                             Management System.
------------------------------------------------------------------------
+ DOT-designated significant regulation.

           Federal Aviation Administration--Long-Term Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
175.......................  + Regulation Of Flight             2120-AJ78
                             Operations Conducted By
                             Alaska Guide Pilots.
176.......................  + Registration and Marking         2120-AK82
                             Requirements for Small
                             Unmanned Aircraft.
------------------------------------------------------------------------
+ DOT-designated significant regulation.

           Federal Aviation Administration--Completed Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
177.......................  + Revision of                      2120-AK65
                             Airworthiness Standards
                             for Normal, Utility,
                             Acrobatic, and Commuter
                             Category Airplanes (RRR).
------------------------------------------------------------------------
+ DOT-designated significant regulation.

    Federal Motor Carrier Safety Administration--Proposed Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
178.......................  Commercial Learner's               2126-AB98
                             Permit Validity (Section
                             610 Review).
------------------------------------------------------------------------

     Federal Motor Carrier Safety Administration--Long-Term Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
179.......................  + Safety Monitoring System         2126-AA35
                             and Compliance Initiative
                             for Mexico-Domiciled
                             Motor Carriers Operating
                             in the United States.
------------------------------------------------------------------------
+ DOT-designated significant regulation.

     Federal Motor Carrier Safety Administration--Completed Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
180.......................  + Carrier Safety Fitness           2126-AB11
                             Determination.
181.......................  + Commercial Driver's              2126-AB18
                             License Drug and Alcohol
                             Clearinghouse (MAP-21).
182.......................  + Entry-Level Driver               2126-AB66
                             Training.
------------------------------------------------------------------------
+ DOT-designated significant regulation.

  Pipeline and Hazardous Materials Safety Administration--Proposed Rule
                                  Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
183.......................  Pipeline Safety:                   2137-AF06
                             Amendments to Parts 192
                             and 195 to Require Valve
                             Installation and Minimum
                             Rupture Detection
                             Standards.
------------------------------------------------------------------------

Pipeline and Hazardous Materials Safety Administration--Final Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
184.......................  + Pipeline Safety: Safety          2137-AE66
                             of Hazardous Liquid
                             Pipelines.
185.......................  Pipeline Safety: Issues            2137-AE93
                             Related to the Use of
                             Plastic Pipe in Gas
                             Pipeline Industry (RRR).
186.......................  + Hazardous Materials: Oil         2137-AF08
                             Spill Response Plans and
                             Information Sharing for
                             High-Hazard Flammable
                             Trains.
------------------------------------------------------------------------
+ DOT-designated significant regulation.

[[Page 40333]]

    Pipeline and Hazardous Materials Safety Administration--Completed
                                 Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
187.......................  Pipeline Safety: Operator          2137-AE94
                             Qualification, Cost
                             Recovery, Accident and
                             Incident Notification,
                             and Other Changes (RRR).
188.......................  + Hazardous Materials:             2137-AF28
                             Sampling and Testing
                             Requirements for
                             Unrefined Petroleum
                             Products.
------------------------------------------------------------------------
+ DOT-designated significant regulation.

               Maritime Administration--Completed Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
189.......................  + Cargo Preference........         2133-AB74
------------------------------------------------------------------------
+ DOT-designated significant regulation.

DEPARTMENT 0F TRANSPORTION (DOT)

Office of the Secretary (OST)

Completed Actions

168. + Enhancing Airline Passenger Protections III

    Legal Authority: 49 U.S.C. 41712; 49 U.S.C. 40101; 49 U.S.C. 41702
    Abstract: The rulemaking previously titled ``Airline Pricing 
Transparency and Other Consumer Protection Issues'' has been separated 
into three proceedings. This final rule would address the following 
topics from the notice of proposed rulemaking issued on May 23, 2014: 
The scope of carriers required to report service quality data, 
reporting of mainline carriers' domestic code-share partner operations; 
the statutory requirement that carriers and ticket agents disclose any 
code-share arrangements on their Web sites; undisclosed biasing by 
carriers and ticket agents in electronic displays of flight search 
results; and disclosure by ticket agents of the carriers whose tickets 
they sell in order to avoid having consumers mistakenly believe they 
are searching all possible flight options for a particular city-pair 
market when in fact there may be other options available. Additionally, 
the rulemaking would correct drafting errors and make a few clarifying 
changes to the Department's second Enhancing Airline Passenger 
Protections rule. Two other proceedings will address other provisions 
identified in the 2014 NPRM. See RIN 2105-AE56, Transparency of Airline 
Ancillary Service Fees; and RIN 2105-AE57, Air Transportation Consumer 
Protection Requirements for Ticket Agents. These rulemakings address 
unrelated matters and were separated into three proceedings to avoid 
the risk of any delay in finalizing one issue resulting in a delay in 
finalizing other issues.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   05/23/14  79 FR 29970
Final Rule..........................   11/03/16  81 FR 76800
Final Rule Effective................   12/05/16
Final Rule; Extension of Compliance    03/22/17  82 FR 14604
 Date.
Extension of Compliance Effective      03/22/17
 Date.
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Blane A Workie, Assistant General Counsel, 
Department of Transportation, Office of the Secretary, 1200 New Jersey 
Avenue SE., Washington, DC 20590, Phone: 202 366-9342, TDD Phone: 202 
755-7687, Fax: 202 366-7152, Email: [email protected].
    RIN: 2105-AE11
BILLING CODE 4910-9X-P

DEPARTMENT OF TRANSPORTION (DOT)

Federal Aviation Administration (FAA)

Prerule Stage

169. + Applying the Flight, Duty, and Rest Rules of 14 CFR Part 135 to 
Tail-end Ferry Operations (FAA Reauthorization)

    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 who is 
employed by an air carrier conducting operations under part 135, and 
who accepts an additional assignment for flying under part 91 from the 
air carrier or from any other air carrier conducting operations under 
part 121 or 135, to apply the period of the additional assignment 
toward any limitation applicable to the flightcrew member relating to 
duty periods or flight times under part 135.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
ANPRM...............................   10/00/17
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Dale Roberts, Department of Transportation, Federal 
Aviation Administration, 800 Independence Ave. SW., Washington, DC 
20591, Phone: 202-267-5749, Email: [email protected].
    RIN: 2120-AK26

DEPARTMENT OF TRANSPORTATION (DOT)

Federal Aviation Administration (FAA)

Proposed Rule Stage

170. + Drug and Alcohol Testing of Certain Maintenance Provider 
Employees Located Outside of the United States

    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 is required by the FAA Modernization and 
Reform 2012. It would require controlled substance testing of some 
employees working in repair stations located outside the United States. 
The intended

[[Page 40334]]

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 required by 
the FAA Modernization and Reform Act of 2012.
    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................................   09/00/17
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Vicky Dunne, Department of Transportation, Federal 
Aviation Administration, 800 Independence Ave. SW., Washington, DC 
20591, Phone: 202-267-8522, Email: [email protected].
    RIN: 2120-AK09

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

    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................................   09/00/17
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Dale Roberts, Department of Transportation, Federal 
Aviation Administration, 800 Independence Ave. SW., Washington, DC 
20591, Phone: 202-267-5749, Email: [email protected].
    RIN: 2120-AK22

172. + Pilot Records Database (HR 5900)

    Legal Authority: 49 U.S.C. 106(g); 49 U.S.C. 1155; 49 U.S.C. 40103; 
49 U.S.C. 40113; 49 U.S.C. 40119; 49 U.S.C. 40120; 49 U.S.C. 41706; 49 
U.S.C. 44101; 49 U.S.C. 44111; 49 U.S.C. 44701 to 44705; 49 U.S.C. 
44709 to 44713; 49 U.S.C. 44715 to 44717; 49 U.S.C. 44722; 49 U.S.C. 
45101 to 45105; 49 U.S.C. 46105; 49 U.S.C. 46306; 49 U.S.C. 46315; 49 
U.S.C. 46316; 49 U.S.C. 46504; 49 U.S.C. 46507; 49 U.S.C. 47122; 49 
U.S.C. 47508; 49 U.S.C. 47528 to 47531
    Abstract: This rulemaking would implement a Pilot Records Database 
as required by Public Law 111-216 (Aug. 1, 2010). Section 203 amends 
the Pilot Records Improvement Act by requiring the FAA to create a 
pilot records database that contains various types of pilot records. 
These records would be provided by the FAA, air carriers, and other 
persons who employ pilots. The FAA must maintain these records until it 
receives notice that a pilot is deceased. Air carriers would use this 
database to perform a record check on a pilot prior to making a hiring 
decision.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   09/00/17
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Bradley Palmer, Department of Transportation, 
Federal Aviation Administration, 800 Independence Ave. SW., Washington, 
DC 20591, Phone: 202 267-7739, Email: [email protected].
    RIN: 2120-AK31

173. + Aircraft Registration and Airmen Certification Fees

    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................................   09/00/17
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Isra Raza, Department of Transportation, Federal 
Aviation Administration, 800 Independence Ave. SW., Washington, DC 
20591, Phone: 202-267-8994, Email: [email protected].
    RIN: 2120-AK37

DEPARTMENT OF TRANSPORTATION (DOT)

Federal Aviation Administration (FAA)

Final Rule Stage

174. + Airport Safety Management System

    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 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

[[Page 40335]]

 
Second Extension of Comment Period..   03/07/11  76 FR 12300
End of Second Extended Comment         07/05/11
 Period.
Second NPRM.........................   07/14/16  81 FR 45871
Second NPRM Comment Period End......   09/12/16
Final Action........................   04/00/18
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Keri Lyons, Department of Transportation, Federal 
Aviation Administration, 800 Independence Ave. SW., Washington, DC 
20591, Phone: 202-267-8972, Email: [email protected].
    RIN: 2120-AJ38

DEPARTMENT OF TRANSPORTATION (DOT)

Federal Aviation Administration (FAA)

Long-Term Actions

175. + Regulation of Flight Operations Conducted by Alaska Guide Pilots

    Legal Authority: 49 U.S.C. 106(g) ; 49 U.S.C. 1153; 49 U.S.C. 1155; 
49 U.S.C. 40101 to 40103; 49 U.S.C. 40113; 49 U.S.C. 40120; 49 U.S.C. 
44101; 49 U.S.C. 44105 to 44016; 49 U.S.C. 44111; 49 U.S.C. 44701 to 
44717; 49 U.S.C. 44722; 49 U.S.C. 44901; 49 U.S.C. 44903 to 44904; 49 
U.S.C. 44906; 49 U.S.C. 44912; 49 U.S.C. 44914; 49 U.S.C. 44936; 49 
U.S.C. 44938; 49 U.S.C. 46103; 49 U.S.C. 46105; 49 U.S.C. 46306; 49 
U.S.C. 46315 to 46316; 49 U.S.C. 46504; 49 U.S.C. 46506 to 46507; 49 
U.S.C. 47122; 49 U.S.C. 47508; 49 U.S.C. 47528 to 47531; Articles 12 
and 29 of 61 Stat. 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.
    Timetable: Next Action Undetermined.
    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Jeff Smith, Department of Transportation, Federal 
Aviation Administration, 800 Independence Ave. SW., Washington, DC 
20785, Phone: 202-385-9615, Email: [email protected].
    RIN: 2120-AJ78

176. + Registration and Marking Requirements for Small Unmanned 
Aircraft

    Legal Authority: 49 U.S.C. 106(f), 49 U.S.C. 41703, 44101 to 44106, 
44110 to 44113, and 44701
    Abstract: This interim final rule would establish an alternative, 
stream-lined, web-based aircraft registration system for certain small 
unmanned aircraft systems, to help facilitate compliance with existing 
statutory obligations for aircraft registration. The alternative 
process will help create a culture of accountability and ensure 
responsible use of small UAS. As evidenced by the recent reports of 
unsafe UAS operations, the lack of awareness of operators regarding 
what must be done to operate UAS safely in the NAS, and the lack of 
identification of UAS and their operators pose significant challenges 
in ensuring accountability for responsible use. Without increased 
awareness and knowledge of the statutory and regulatory requirements 
for safe operation, the risk of unsafe UAS operations will only rise. 
Aircraft registration, identification, and marking will assist the 
Department in identifying owners of UAS that are operated in an unsafe 
manner, so we may continue to educate these users, and when 
appropriate, take enforcement action. This rulemaking is based on 
public comment regarding the proposed aircraft registration process for 
small UAS in the Operation and Use of Small UAS notice of proposed 
rulemaking and recommendations from the UAS Registration task force.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Interim Final Rule..................   12/16/15  80 FR 78593
Interim Final Rule Effective........   12/21/15
OMB approval of information            12/21/15  80 FR 79255
 collection.
Interim Final Rule Comment Period      01/15/16
 End.
Next Action Undetermined............
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Sara Mikolop, Department of Transportation, Federal 
Aviation Administration, 800 Independence Ave. SW., Washington, DC 
20591, Phone: 202-267-7776, Email: [email protected].
    RIN: 2120-AK82

DEPARTMENT OF TRANSPORTATION (DOT)

Federal Aviation Administration (FAA)

Completed Actions

177. + Revision of Airworthiness Standards for Normal, Utility, 
Acrobatic, and Commuter Category Airplanes (RRR)

    Legal Authority: 49 U.S.C. 106(g); 49 U.S.C. 40113; 49 U.S.C. 
44701; 49 U.S.C. 44702; 49 U.S.C. 44704
    Abstract: This rulemaking would revise title 14, Code of Federal 
Regulations (14 CFR) part 23 as a set of performance based regulations 
for the design and certification of small transport category aircraft. 
This rulemaking would: (1) Reorganize part 23 into performance-based 
requirements by removing the detailed design requirements from part 23. 
The detailed design provisions that would assist applicants in 
complying with the new performance-based requirements would be 
identified in means of compliance (MOC) documents to support this 
effort; (2) Promote the adoption of the newly created performance-based 
airworthiness design standard as an internationally accepted standard 
by the majority of other civil aviation authorities; (3) Re-align the 
part 23 requirements to promote the development of entry-level 
airplanes similar to those certified under Certification Specification 
for Very Light Aircraft (CS-VLA); (4) enhance the FAA's ability to 
address new technology; (5) Increase the general aviation (GA) level of 
safety provided by new and modified airplanes; (6) Amend the stall, 
stall warning, and spin requirements to reduce fatal accidents and 
increase crashworthiness by allowing new methods for occupant 
protection; and (7) Address icing conditions that are currently not 
included in part 23 regulations.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   03/14/16  81 FR 13452
NPRM Comment Period End.............   05/13/16
Final Rule..........................   12/30/16  81 FR 96572
Final Rule Effective................   08/30/17
------------------------------------------------------------------------

[[Page 40336]]

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Lowell Foster, Department of Transportation, 
Federal Aviation Administration, 901 Locust St., Kansas City, MO 64106, 
Phone: 816-329-4125, Email: [email protected].
    RIN: 2120-AK65
BILLING CODE 4910-13-P

DEPARTMENT OF TRANSPORTATION (DOT)

Federal Motor Carrier Safety Administration (FMCSA)

Proposed Rule Stage

178.  Commercial Learner's Permit Validity (Section 610 Review)

    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 1 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................................   09/00/17
------------------------------------------------------------------------

    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: [email protected].
    RIN: 2126-AB98

DEPARTMENT OF TRANSPORTATION (DOT)

Federal Motor Carrier Safety Administration (FMCSA)

Long-Term Actions

179. + Safety Monitoring System and Compliance Initiative for Mexico-
Domiciled Motor Carriers Operating in the United States

    Legal Authority: Pub. L. 107-87, sec. 350; 49 U.S.C. 113; 49 U.S.C. 
31136; 49 U.S.C. 31144; 49 U.S.C. 31502; 49 U.S.C. 504; 49 U.S.C. 5113; 
49 U.S.C. 521(b)(5)(A)
    Abstract: This rule would implement a safety monitoring system and 
compliance initiative designed to evaluate the continuing safety 
fitness of all Mexico-domiciled carriers within 18 months after 
receiving a provisional Certificate of Registration or provisional 
authority to operate in the United States. It also would establish 
suspension and revocation procedures for provisional Certificates of 
Registration and operating authority, and incorporate criteria to be 
used by FMCSA in evaluating whether Mexico-domiciled carriers exercise 
basic safety management controls. The interim rule included 
requirements that were not proposed in the NPRM but which are necessary 
to comply with the FY-2002 DOT Appropriations Act. On January 16, 2003, 
the Ninth Circuit Court of Appeals remanded this rule, along with two 
other NAFTA-related rules, to the agency, requiring a full 
environmental impact statement and an analysis required by the Clean 
Air Act. On June 7, 2004, the Supreme Court reversed the Ninth Circuit 
and remanded the case, holding that FMCSA is not required to prepare 
the environmental documents. FMCSA originally planned to publish a 
final rule by November 28, 2003. FMCSA will determine the next steps to 
be taken after 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      04/18/02
 End.
Interim Final Rule Effective........   05/03/02
Notice of Intent To Prepare an EIS..   08/26/03  68 FR 51322
EIS Public Scoping Meetings.........   10/08/03  68 FR 58162
Next Action Undetermined............
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Dolores Macias, Acting Division Chief, Department 
of Transportation, Federal Motor Carrier Safety Administration, 1200 
New Jersey Ave. SE., Washington, DC 20590, Phone: 202 366-2995, Email: 
[email protected].
    RIN: 2126-AA35

DEPARTMENT OF TRANSPORTATION (DOT)

Federal Motor Carrier Safety Administration (FMCSA)

Completed Actions

180. + Carrier Safety Fitness Determination

    Legal Authority: 49 U.S.C. 31144; sec. 4009 of TEA-21
    Abstract: FMCSA withdraws its notice of proposed rulemaking (NPRM), 
which proposed a revised methodology for issuance of a safety fitness 
determination (SFD) for motor carriers. The new methodology would have 
determined when a motor carrier is not fit to operate commercial motor 
vehicles in or affecting interstate commerce based on the carrier's on-
road safety data; an investigation; or a combination of on-road safety 
data and investigation information. However, after reviewing the record 
in this matter, FMCSA withdraws the NPRM. The Agency must receive the 
Correlation Study from the National Academies of Science, as required 
by the Fixing America's Surface Transportation Act, assess whether and, 
if so, what corrective actions are advisable, and complete additional 
analysis before determining whether further rulemaking action is 
necessary to revise the SFD process.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   01/21/16  81 FR 2561
NPRM Comment Period Extended........   03/08/16  81 FR 12062
NPRM Comment Period End.............   03/21/16
NPRM Comment Period Extended End....   05/23/16
End of Extended Comment Period......   06/23/16
NPRM; Notice of Withdrawal..........   03/23/17  82 FR 14848
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: David Miller, Regulatory Development Division, 
Department of Transportation, Federal Motor Carrier Safety 
Administration, 1200 New Jersey Avenue SE., Washington, DC 20590, 
Phone: 202 366-5370, Email: [email protected].
    RIN: 2126-AB11

181. + Commercial Driver's License Drug and Alcohol Clearinghouse (MAP-
21)

    Legal Authority: 49 U.S.C. 31306
    Abstract: This rulemaking would create a central database for 
verified

[[Page 40337]]

positive controlled substances and alcohol test results for commercial 
driver's license (CDL) holders and refusals by such drivers to submit 
to testing. This rulemaking would require employers of CDL holders and 
service agents to report positive test results and refusals to test 
into the Clearinghouse. Prospective employers, acting on an application 
for a CDL driver position with the applicant's written consent to 
access the Clearinghouse, would query the Clearinghouse to determine if 
any specific information about the driver applicant is in the 
Clearinghouse before allowing the applicant to be hired and to drive 
CMVs. This rulemaking is intended to increase highway safety by 
ensuring CDL holders, who have tested positive or have refused to 
submit to testing, have completed the U.S. DOT's return-to-duty process 
before driving CMVs in interstate or intrastate commerce. It is also 
intended to ensure that employers are meeting their drug and alcohol 
testing responsibilities. Additionally, provisions in this rulemaking 
would also be responsive to requirements of the Moving Ahead for 
Progress in the 21st Century (MAP-21) Act. MAP-21 required creation of 
the Clearinghouse by 10/1/14.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   02/20/14  79 FR 9703
NPRM Comment Period End.............   04/21/14
NPRM Comment Period Extended........   04/22/14  79 FR 22467
NPRM Comment Period Extended End....   04/22/14
Final Rule..........................   12/05/16  81 FR 87686
Final Rule Effective................   01/04/17
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    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: [email protected].
    RIN: 2126-AB18

182. + Entry-Level Driver Training

    Legal Authority: 49 U.S.C. 31136
    Abstract: FMCSA establishes new minimum training standards for 
certain individuals applying for their commercial driver's license 
(CDL) for the first time; an upgrade of their CDL (e.g., a Class B CDL 
holder seeking a Class A CDL); or a hazardous materials (H), passenger 
(P), or school bus (S) endorsement for the first time. These 
individuals are subject to the entry-level driver training (ELDT) 
requirements and must complete a prescribed program of instruction 
provided by an entity that is listed on FMCSA's Training Provider 
Registry (TPR). FMCSA will submit training certification information to 
State driver licensing agencies (SDLAs), who may only administer CDL 
skills tests to applicants for the Class A and B CDL, and/or the P or S 
endorsements, or knowledge test for the H endorsement, after verifying 
the information is present in the driver's record. This final rule 
responds to a Congressional mandate imposed under the Moving Ahead for 
Progress in the 21st Century Act (MAP-21). The rule is based on 
consensus recommendations from the Agency's Entry-Level Driver Training 
Advisory Committee (ELDTAC), a negotiated rulemaking committee that 
held a series of meetings between February and May 2015.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   03/07/16  81 FR 11944
NPRM Comment Period End.............   04/06/16
Final Rule..........................   12/08/16  81 FR 88732
Final Rule Effective................   02/06/17
Final Rule; Delay of Effective Date.   03/21/17  82 FR 14476
Delayed Effective Date..............   05/22/17
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Sean Gallagher, MC-PRR, Department of 
Transportation, Federal Motor Carrier Safety Administration, 1200 New 
Jersey Ave. SE., Washington, DC 20590, Phone: 202 366-3740, Email: 
[email protected].
    RIN: 2126-AB66
BILLING CODE 4910-EX-P

DEPARTMENT OF TRANSPORTATION (DOT)

Pipeline and Hazardous Materials Safety Administration (PHMSA)

Proposed Rule Stage

183. Pipeline Safety: Amendments to Parts 192 and 195 To Require Valve 
Installation and Minimum Rupture Detection Standards

    Legal Authority: 49 U.S.C. 60101 et seq.
    Abstract: PHMSA is proposing to revise the Pipeline Safety 
Regulations applicable to 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, valve 
spacing requirements, more guidance regarding shut-off valve risk 
analysis, 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................................   09/00/17
------------------------------------------------------------------------

    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: [email protected].
    RIN: 2137-AF06

DEPARTMENT OF TRANSPORTATION (DOT)

Pipeline and Hazardous Materials Safety Administration (PHMSA)

Final Rule Stage

184. + Pipeline Safety: Safety of Hazardous Liquid Pipelines

    Legal Authority: 49 U.S.C. 60101 et seq.
    Abstract: In recent years, there have been significant hazardous 
liquid pipeline accidents, most notably the 2010 crude oil spill near 
Marshall, Michigan, during which almost one million gallons of crude 
oil were spilled into the Kalamazoo River. In response to accident 
investigation findings, incident report data and trends, and 
stakeholder input, PHMSA published a Notice of Proposed Rulemaking 
(NPRM) in the Federal Register on October 13, 2015. Previously, 
Congress had enacted the Pipeline Safety, Regulatory Certainty, and Job 
Creation Act that included several provisions that are relevant to

[[Page 40338]]

the regulation of hazardous liquid pipelines. Shortly after the 
Pipeline Safety, Regulatory Certainty, and Job Creation Act was passed, 
the National Transportation Safety Board (NTSB) issued its accident 
investigation report on the Marshall, Michigan accident. In this 
rulemaking action, PHMSA is amending the Pipeline Safety Regulations to 
improve protection of the public, property, and the environment by 
closing regulatory gaps where appropriate, and ensuring that operators 
are increasing the detection and remediation of unsafe conditions, and 
mitigating the adverse effects of hazardous liquid pipeline failures.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
ANPRM...............................   10/18/10  75 FR 63774
Comment Period Extended.............   01/04/11  76 FR 303
ANPRM Comment Period End............   01/18/11
Extended Comment Period End.........   02/18/11
NPRM................................   10/13/15  80 FR 61610
NPRM Comment Period End.............   01/08/16
Final Rule..........................   12/00/17
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: John A. Gale, Transportation Regulations 
Specialist, Department of Transportation, Pipeline and Hazardous 
Materials Safety Administration, 1200 New Jersey Avenue SE., 
Washington, DC 20590, Phone: 202-366-0434, Email: [email protected].
    RIN: 2137-AE66

185. Pipeline Safety: Issues Related to the Use of Plastic Pipe in Gas 
Pipeline Industry (RRR)

    Legal Authority: 49 U.S.C. 60101 et seq.
    Abstract: In this rule, PHMSA is amending the natural and other gas 
pipeline safety regulations (49 CFR part 192) to address regulatory 
requirements involving plastic piping systems used in gas services. 
These amendments are intended to correct errors, address 
inconsistencies, and respond to petitions for rulemaking. The 
requirements in several subject matter areas are affected, including 
incorporation of tracking and traceability provisions; design factor 
for polyethylene (PE) pipe; more stringent mechanical fitting 
requirements; updated and additional regulations for risers; expanded 
use of Polyamide-11 (PA-11) thermoplastic pipe; incorporation of newer 
Polyamide-12 (PA-12) thermoplastic pipe; and incorporation of updated 
and additional standards for fittings.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   05/21/15  80 FR 29263
NPRM Comment Period End.............   07/31/15
Final Rule..........................   12/00/17
------------------------------------------------------------------------

    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: 
[email protected].
    RIN: 2137-AE93

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

    Legal Authority: 33 U.S.C. 1321; 49 U.S.C. 5101 et seq.
    Abstract: PHMSA, in consultation with the Federal Railroad 
Administration, is adopting a number of commonsense measures that will 
better ensure the safety of communities living alongside railroads and 
protect our environment by codifying: (1) Comprehensive Oil Spill 
Response Plans (OSRPs)--Expands the applicability of comprehensive 
OSRPs based on thresholds of liquid petroleum oil that apply to an 
entire train consist; (2) HHFT Information Sharing Notification--
Requires railroads to share information about high-hazard flammable 
train operations with state and tribal emergency response commissions 
to improve community preparedness in accordance with the Fixing 
America's Surface Transportation Act of 2015 (FAST Act). Section 7302 
mandates PHMSA to require each Class I railroad to provide advanced 
notification and information on HHFTs to each SERC, consistent with 
Emergency Order DOT-OST-2014-0067. FAST Act requires HHFT notification 
to SERCs by 12/4/16; and (3) Incorporation by Reference of Class 3 
Packing Group Test--Incorporates by reference an initial boiling point 
test for flammable liquids for better consistency with the American 
National Standards Institute/American Petroleum Institute Recommend 
Practices 3000, ``Classifying and Loading of Crude Oil into Rail Tank 
Cars,'' First Edition, September 2014.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
ANPRM...............................   08/01/14  79 FR 45079
ANPRM Comment Period End............   09/30/14
NPRM................................   07/29/16  81 FR 50067
NPRM Comment Period End.............   09/27/16
Final Rule..........................   12/00/17
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Victoria Lehman, Transportation Specialist, 
Department of Transportation, Pipeline and Hazardous Materials Safety 
Administration, 1200 New Jersey Ave. SE., Washington, DC 20590, Phone: 
202-366-8553, Email: [email protected].
    RIN: 2137-AF08

DEPARTMENT OF TRANSPORTATION (DOT)

Pipeline and Hazardous Materials Safety Administration (PHMSA)

Completed Actions

187. Pipeline Safety: Operator Qualification, Cost Recovery, Accident 
and Incident Notification, and Other Changes (RRR)

    Legal Authority: 49 U.S.C. 60101 et seq.
    Abstract: PHMSA is amending the pipeline safety regulations to 
address requirements of the Pipeline Safety, Regulatory Certainty, and 
Job Creation Act of 2011 (2011 Act), and to update and clarify certain 
regulatory requirements. Under the 2011 Act, PHMSA is adding a specific 
time frame for telephonic or electronic notifications of accidents and 
incidents and adding provisions for cost recovery for design reviews of 
certain new projects. Among other provisions, PHMSA is adding a 
procedure for renewal of expiring special permits, and for submitters 
of information requesting PHMSA to keep some information confidential. 
In addition, PHMSA is amending the operator qualification (OQ) 
requirements, drug and alcohol testing requirements, and incorporating 
consensus standards by reference for in-line inspection (ILI) and 
Stress Corrosion Cracking Direct Assessment (SCCDA).
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   07/10/15  80 FR 39916
NPRM Comment Period End.............   09/08/15
Final Rule..........................   01/23/17  82 FR 7972

[[Page 40339]]

 
Final Rule Effective................   03/24/17
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: John A. Gale, Transportation Regulations 
Specialist, Department of Transportation, Pipeline and Hazardous 
Materials Safety Administration, 1200 New Jersey Avenue SE., 
Washington, DC 20590, Phone: 202-366-0434, Email: [email protected].
    RIN: 2137-AE94

188. + Hazardous Materials: Sampling and Testing Requirements for 
Unrefined Petroleum Products

    Legal Authority: 49 U.S.C. 5101 et seq.
    Abstract: This rulemaking considered revising the Hazardous 
Materials Regulations (HMR) to apply particular methods for conducting 
vapor pressure testing and sampling of unrefined petroleum-based 
products, such as petroleum crude oil. Specifically, this rulemaking 
would have proposed that persons who offer unrefined petroleum-based 
products for transportation, regardless of mode of transportation, 
apply particular methods for conducting vapor pressure testing when 
vapor pressure testing is a component of their written testing program. 
However, after a thorough review of the issues, PHMSA decided to 
terminate this rulemaking action.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Terminated..........................   03/13/17
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Lad Falat, Director, Engineering and Research, 
Department of Transportation, Pipeline and Hazardous Materials Safety 
Administration, 1200 New Jersey Avenue SE., Washington, DC 20590, 
Phone: 202 366-4545, Email: [email protected].
    RIN: 2137-AF28

BILLING CODE 4910-60-P

DEPARTMENT OF TRANSPORTATION (DOT)

Maritime Administration (MARAD)

Completed Actions

189. + Cargo Preference

    Legal Authority: 49 CFR 1.66; 46 app U.S.C. 1101; 46 App U.S.C. 
1241; 46 U.S.C. 2302 (e)(1); Pub. L. 91-469
    Abstract: This RIN was terminated. MARAD anticipates restarting the 
regulatory development process contemplated by Public Law 110-417, div. 
C, title XXV 3511(c), after further consideration. Pending that, MARAD 
will continue to enforce the existing cargo preference regulations, 
working with all relevant Federal agencies to help achieve full 
compliance with the law. We will also engage in outreach to agencies to 
offer assistance in maintaining programs for cargo preference and 
relationships with U.S.-flag carriers.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Terminated..........................   02/16/17
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Mitch Hudson, Department of Transportation, 
Maritime Administration, 1200 New Jersey Avenue SE., Washington, DC 
20590, Phone: 202-366-9373, TDD Phone: 202-366-9373, Email: 
[email protected].
    RIN: 2133-AB74

[FR Doc. 2017-17027 Filed 8-23-17; 8:45 am]
BILLING CODE 4910-81-P
```