Vol. 82 Thursday, 

No. 163 August 24, 2017 

Part XIII 

Department of Transportation 

Semiannual Regulatory Agenda 

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40320 Federal Register / Vol. 82, No. 163 / Thursday, August 24, 2017 / Unified Agenda 

DEPARTMENT OF TRANSPORTATION 

Office of the Secretary 

14 CFR Chs. I–III 

23 CFR Chs. I–III 

33 CFR Chs. I and IV 

46 CFR Chs. I–III 

48 CFR Ch. 12 

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

X–XII 

[DOT–OST–1999–5129] 

Department Regulatory 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 worldclass 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 

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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 

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40322 Federal Register / Vol. 82, No. 163 / Thursday, August 24, 2017 / Unified Agenda 

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 

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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 

Year Regulations to be reviewed Analysis year Review year 

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

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

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

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

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

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

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

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

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

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

Year 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 

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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-toAirport 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 ReducedRate 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. 

Year Regulations to be reviewed Analysis year Review year 

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

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

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

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

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

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

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

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

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

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

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 

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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 

Year Regulations to be reviewed Analysis year Review year 

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

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

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

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

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

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

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

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

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

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

Federal-Aid Highway Program 

The Federal Highway Administration 

(FHWA) has adopted regulations in title 

23 of the CFR, chapter I, related to the 

Federal-Aid Highway Program. These 

regulations implement and carry out the 

provisions of Federal law relating to the 

administration of Federal aid for 

highways. The primary law authorizing 

Federal aid for highway is chapter I of 

title 23 of the U.S.C. 145 of title 23, 

expressly provides for a federally 

assisted State program. For this reason, 

the regulations adopted by the FHWA in 

title 23 of the CFR primarily relate to the 

requirements that States must meet to 

receive Federal funds for the 

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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 

Year Regulations to be reviewed Analysis year Review year 

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

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

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

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

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

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

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

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

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

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

Year 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 forhire 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 

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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 forhire 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 

Year Regulations to be reviewed Analysis year Review year 

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

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

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

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

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

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

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

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

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

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

Year 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 

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• Section 610: There is no 

SEIOSNOSE. 

• General: No changes are needed. 

These regulations are cost effective 

and impose the least burden. 

NHTSA’s plain language review of 

these rules indicates no need for 

substantial revision. 

49 CFR part 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 

Year Regulations to be reviewed Analysis year Review year 

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

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

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

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

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

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

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

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

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

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

Year 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 nonreflectorized 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 

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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 

Year Regulations to be reviewed Analysis year Review year 

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

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

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

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

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

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

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

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

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

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

Year 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 costeffectiveness 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 

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Year Regulations to be reviewed Analysis year Review year 

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

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

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

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

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

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

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

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

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

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

Year 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 

Year Regulations to be reviewed Analysis year Review year 

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

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

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

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

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

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

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

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

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

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

Year 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 

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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 

Year Regulations to be reviewed Analysis year Review year 

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

Year 1 (Fall 2008) List of Rules With 

Ongoing Analysis 

33 CFR part 401—Seaway Regulations 

and Rules 

33 CFR part 402—Tariff of Tolls 

33 CFR part 403—Rules of Procedure of 

the Joint Tolls Review Board 

OFFICE OF THE SECRETARY—COMPLETED ACTIONS

Sequence No. Title Regulation 

Identifier No. 

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

+ DOT-designated significant regulation. 

FEDERAL AVIATION ADMINISTRATION—PRERULE STAGE

Sequence No. Title Regulation 

Identifier No. 

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

+ DOT-designated significant regulation. 

FEDERAL AVIATION ADMINISTRATION—PROPOSED RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

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

States.

2120–AK09 

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

172 .................... + Pilot Records Database (HR 5900) ............................................................................................................... 2120–AK31 

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

+ DOT-designated significant regulation. 

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FEDERAL AVIATION ADMINISTRATION—FINAL RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

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

+ DOT-designated significant regulation. 

FEDERAL AVIATION ADMINISTRATION—LONG-TERM ACTIONS

Sequence No. Title Regulation 

Identifier No. 

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

176 .................... + Registration and Marking Requirements for Small Unmanned Aircraft ........................................................ 2120–AK82 

+ DOT-designated significant regulation. 

FEDERAL AVIATION ADMINISTRATION—COMPLETED ACTIONS

Sequence No. Title Regulation 

Identifier No. 

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

(RRR).

2120–AK65 

+ DOT-designated significant regulation. 

FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION—PROPOSED RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

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

FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION—LONG-TERM ACTIONS

Sequence No. Title Regulation 

Identifier No. 

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

the United States.

2126–AA35 

+ DOT-designated significant regulation. 

FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION—COMPLETED ACTIONS

Sequence No. Title Regulation 

Identifier No. 

180 .................... + Carrier Safety Fitness Determination ............................................................................................................ 2126–AB11 

181 .................... + Commercial Driver’s License Drug and Alcohol Clearinghouse (MAP–21) .................................................. 2126–AB18 

182 .................... + Entry-Level Driver Training ............................................................................................................................ 2126–AB66 

+ DOT-designated significant regulation. 

PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION—PROPOSED RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

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

Detection Standards.

2137–AF06 

PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION—FINAL RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

184 .................... + Pipeline Safety: Safety of Hazardous Liquid Pipelines ................................................................................. 2137–AE66 

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

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

Trains.

2137–AF08 

+ DOT-designated significant regulation. 

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PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION—COMPLETED ACTIONS

Sequence No. Title Regulation 

Identifier No. 

187 .................... Pipeline Safety: Operator Qualification, Cost Recovery, Accident and Incident Notification, and Other 

Changes (RRR).

2137–AE94 

188 .................... + Hazardous Materials: Sampling and Testing Requirements for Unrefined Petroleum Products ................. 2137–AF28 

+ DOT-designated significant regulation. 

MARITIME ADMINISTRATION—COMPLETED ACTIONS

Sequence No. Title Regulation 

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 Date.03/22/17 82 FR 14604 

Extension of 

Compliance Effective Date.

03/22/17 

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: blane.workie@

dot.gov. 

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: 

dale.roberts@faa.gov. 

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 

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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: 

vicky.dunne@faa.gov. 

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: 

dale.roberts@faa.gov. 

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: 

bradley.palmer@faa.gov. 

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: 

isra.raza@faa.gov. 

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 

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Action Date FR Cite 

Second Extension 

of Comment 

Period.

03/07/11 76 FR 12300 

End of Second 

Extended Comment Period.

07/05/11 

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

Second NPRM 

Comment Period End.

09/12/16 

Final 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: 

keri.lyons@faa.gov. 

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: 

jeffrey.smith@faa.gov. 

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, streamlined, 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 collection.

12/21/15 80 FR 79255 

Interim Final Rule 

Comment Period End.

01/15/16 

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: 

sara.mikolop@faa.gov. 

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 

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40336 Federal Register / Vol. 82, No. 163 / Thursday, August 24, 2017 / Unified Agenda 

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: lowell.foster@faa.gov. 

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: tom.yager@dot.gov. 

RIN: 2126–AB98 

DEPARTMENT OF TRANSPORTATION 

(DOT) 

Federal Motor Carrier Safety 

Administration (FMCSA) 

Long-Term Actions 

179. + Safety Monitoring System and 

Compliance Initiative for MexicoDomiciled Motor Carriers Operating in 

the United States 

Legal Authority: Pub. L. 107–87, sec. 

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

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

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

521(b)(5)(A) 

Abstract: This rule would implement 

a safety monitoring system and 

compliance initiative designed to 

evaluate the continuing safety fitness of 

all Mexico-domiciled carriers within 18 

months after receiving a provisional 

Certificate of Registration or provisional 

authority to operate in the United 

States. It also would establish 

suspension and revocation procedures 

for provisional Certificates of 

Registration and operating authority, 

and incorporate criteria to be used by 

FMCSA in evaluating whether Mexicodomiciled carriers exercise basic safety 

management controls. The interim rule 

included requirements that were not 

proposed in the NPRM but which are 

necessary to comply with the FY–2002 

DOT Appropriations Act. On January 

16, 2003, the Ninth Circuit Court of 

Appeals remanded this rule, along with 

two other NAFTA-related rules, to the 

agency, requiring a full environmental 

impact statement and an analysis 

required by the Clean Air Act. On June 

7, 2004, the Supreme Court reversed the 

Ninth Circuit and remanded the case, 

holding that FMCSA is not required to 

prepare the environmental documents. 

FMCSA originally planned to publish a 

final rule by November 28, 2003. 

FMCSA will determine the next steps to 

be taken after the pilot program on the 

long haul trucking provisions of NAFTA 

is completed. 

Timetable: 

Action Date FR Cite 

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

NPRM Comment 

Period End.

07/02/01 

Interim Final Rule 03/19/02 67 FR 12758 

Interim Final Rule 

Comment Period End.

04/18/02 

Interim Final Rule 

Effective.

05/03/02 

Notice of Intent 

To Prepare an 

EIS.

08/26/03 68 FR 51322 

EIS Public 

Scoping Meetings.

10/08/03 68 FR 58162 

Next Action Undetermined.

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Dolores Macias, 

Acting Division Chief, Department of 

Transportation, Federal Motor Carrier 

Safety Administration, 1200 New Jersey 

Ave. SE., Washington, DC 20590, Phone: 

202 366–2995, Email: dolores.macias@

dot.gov. 

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: david.miller@dot.gov. 

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 

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

juan.moya@dot.gov. 

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: sean.gallagher@

dot.gov. 

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: 

robert.jagger@dot.gov. 

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 

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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: 

john.gale@dot.gov. 

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: 

cameron.satterthwaite@dot.gov. 

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: victoria.lehman@

dot.gov. 

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 inline 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 

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Action Date FR Cite 

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: 

john.gale@dot.gov. 

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 petroleumbased 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: lad.falat@

dot.gov. 

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: mitch.hudson@

dot.gov. 

RIN: 2133–AB74 

[FR Doc. 2017–17027 Filed 8–23–17; 8:45 am] 

BILLING CODE 4910–81–P 

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