U.S. Department of Transportation Retrospective Regulatory Review Report for 03/17/2015 High-Priority Retrospective Review Rulemakings # MODE NAME RIN TITLE ABSTRACT STAGE SCHEDULED (OR ISSUED) DATE REGULATORY FLEXIBILITIES METHODS TO IDENTIFY IMPROVEMENT QUANTIFIED BENEFITS/ BURDEN REDUCTION 1 Federal Aviation Administration Part 23 Reorganization (RRR) This rulemaking would revise 14 CFR part 23 as a set of performance based regulations, addressing the original safety intent contained in the current requirements. These performance based regulations would be enforceable without the necessity for any means of compliance. The level of safety provided by the part 23 reorganization project would remain unchanged for airplanes that would fit into part 23 today. This rulemaking would also promote the adoption of the newly created performance based airworthiness design standard as an internationally accepted document by the majority of other civil aviation authorities, which include authorities representing Europe, Brazil, Canada, China and New Zealand. NPRM 12/28/2015 N/A Public Comment, Analysis Costs/benefits have yet to be determined for this action, but it is expected to provide flexibility in meeting regulatory standards and encourage continued innovation in aircraft design. 2 Federal Motor Carrier Safety Administration Electronic Logging Devices (ELDs) and Hours of Service (HOS) Supporting Documents (RRR) This rulemaking would establish: (1) minimum performance and design standards for HOS ELDs; (2) requirements for the mandatory use of these devices by drivers currently required to prepare HOS records of duty status; (3) requirements concerning HOS supporting documents; and (4) measures to address concerns about harassment resulting from the mandatory use of ELDs. Final Rule 09/30/2015 N/A Public Comment, Analysis The rule is expected to save industry $2 billion over ten years by reducing paperwork burdens. Ongoing Retrospective Reviews and Rulemakings approved
# MODE NAME RIN TITLE ABSTRACT STAGE SCHEDULED (OR ISSUED) DATE REGULATORY FLEXIBILITIES METHODS TO IDENTIFY IMPROVEMENT QUANTIFIED BENEFITS/ BURDEN REDUCTION 3 Federal Aviation Administration Effective Tether System (Tether Rule) (RRR) This rulemaking would exclude tethered launches from the licensing requirements of 14 CFR chapter III. This rulemaking is necessary to maintain public safety for these launches by providing launch vehicle operators with clear and simple criteria for a safe tethered launch. For tethered launches that satisfy the design and operational criteria, the FAA would not require a license, permit or waiver. This action is intended to impose no additional requirements on operators, but provides an alternative to conducting a tethered launches. Final Rule 05/15/2015 N/A Public Comment, Analysis This action would likely result in cost savings for the FAA and cost savings or no impact for launch operators. This action would relieve operators from the process and financial burdens of applying for waivers, licenses, and permits. It could save the FAA time and resources required to analyze these applications. 4 Federal Aviation Administration Enhanced Flight Vision System (EFVS) (RRR) This rulemaking would permit operators to use an EFVS in lieu of natural vision to continue descending from 100 feet height above runway touchdown zone elevation to the runway and land on certain straight-in instrument approach procedures under instrument flight rules. This action would also permit certain operators using aircraft to dispatch, release, or takeoff under instrument flight rules (IFR), and to initiate and continue an approach, when the destination airport weather is below authorized visibility minimums for the runway of intended landing. Pilot training, recent flight experience, and proficiency would be required for operators who use EFVS in lieu of natural vision to descend below decision altitude, decision height, or minimum descent altitude. The FAA believes that an EFVS can provide operational and safety benefits during Category II and Final Rule 05/05/2015 N/A Public Comment, Analysis The FAA estimated the costs of the proposed rule over 10 years would be approximately $5.3 million nominal value. The FAA believes the proposed rule would have benefits exceeding costs based on the likelihood that OEMs and operators would voluntarily incur the costs of the proposed rule in order to realize expected benefits.
20 Federal Motor Carrier Safety Administration Electronic Signatures and Documents (RRR) This rulemaking incorporate the principles of FMCSA´s regulatory guidance concerning e-signatures and electronic documents by amending various sections of the Federal Motor Carrier Safety Regulations (FMCSRs) to enable the use of e-signatures and e-documents in support of electronic recordkeeping. This would provide possible paperwork reductions and be less burdensome to the motor carrier industry. Final Rule TBD N/A Public Comment, Analysis FMCSA has not attempted to quantify the benefits of this rule as it a discretionary. 21 Federal Motor Carrier Safety Administration Elimination of Redundant Maintenance Rule (RRR) The FMCSA would amend the Federal Motor Carrier Safety Regulations to eliminate redundant inspection, repair, and maintenance requirements. Specifically, the FMCSA would amend the regulations to include within 49 CFR 396.3, concerning general maintenance rules, requirements that vehicles be properly lubricated and free of oil and grease leaks. Currently, the requirements addressing oil and grease leaks, and lubrication are covered in a separate section. The Agency believes combining the requirements in a single section of the Federal Motor Carrier Safety Regulations would improve the clarity of the safety regulations and eliminate a redundancy in the maintenance rules. NPRM TBD N/A Public Comment, Analysis Consolidating the regulations will have minimal benefit. 22 Federal Carrier Safety Administration Redundant Credentialing (RRR) The FMCSA will coordinate with the Transportation Security Administration to identify whether there is a policy that could be put into place to reduce any redundancies in credentialing requirements for drivers who carry hazardous materials. TBD TBD N/A Public Comment, Analysis Not quantified. 23 Federal Railroad Administration Qualification and Certification of Locomotive Engineers; This rulemaking make conforming revisions to Part 240 "Qualification and certification of locomotive engineers" consistent with Part 242 "Qualification and Certification of Conductors". The NPRM 03/31/2015 Provides for processing and submission flexibility Public Comment, Analysis Initial projections are that the rule will have a cost of $160,000 and 20-year benefit of 405,000. Thus a net year
reflective devices, and associated equipment to allow the licenses plate mounting surface on motorcycles to be at an angle of up to 30 degrees beyond vertical. The agency believes that this rulemaking action would result in minor benefits resulting from cost saving associated with increased design flexibility. Because the agency does not believe that benefits from this rulemaking action would rise to the level that the action would be economically significant, the agency does not anticipate conducting a separate economic analysis for this rulemaking. separate economic analysis for this rulemaking. 32 National Highway Traffic Safety Administration Adaptive Headlighting (RRR) This rulemaking would amend Federal Motor Vehicle Safety Standard No. 108 to permit the use of adaptive headlighting and to add appropriate performance requirements and test procedures. Such headlighting would improve the nighttime seeing distance and the visibility of pedestrians. NPRM TBD TBD Public Comment, Analysis Not quantified. 33 National Highway Traffic Safety Administration Evaluation of Tire Pressure Monitoring Systems - FMVSS 138 (RRR) Evaluation of Tire Pressure Monitoring Systems. Our evaluation completed in November 2012 examined whether tire pressure has improved. In 2015 we will field a follow-up survey focusing on TPMS malfunction with analysis planned for 2016. Later we will evaluate the crash reduction due to better tire pressure. A cost tear down of TPMS systems has been completed. action TBD N/A Public Comment, Analysis Not quantified. 34 Office of the Secretary Transportation Services for Individuals with Disabilities: Buses (RRR) This rulemaking revise the Department’s Americans with Disabilities Act (ADA) regulations relating to over-the-road buses (OTRBs). The DOT is required by its regulations to review various requirements within the ADA regulations for OTRB operators. On February 27, 2013, DOT published a notice seeking comment to help NPRM 10/22/2015 Trigger provisions (small operators would be required to obtain accessible buses as they retire currently inaccessible buses) Public Comment, Analysis Under development
Operator Certificate for Controllers Who Hold a Federal Aviation Administration Credential With a Tower Rating (RRR) (CTO) certificate if the individual holds an FAA Credential with a tower rating issued by the Administrator. The FAA currently issues the CTO and the Credential with a tower rating to qualified FAA controllers who work in FAA towers. The requirements of this Credentialing program encompass the underlying qualifications of the CTO certificate. The intended effect of this action is to reduce the FAA´s requirement of administering overlapping programs. controllers holding an FAA Credential, this amounts to a median cost savings of approximately $189,600; ranging from $173,700 - $205,500 for a $20 - $50 per application processing cost, respectively. 42 Federal Motor Carrier Safety Administration Inspection, Repair, and Maintenance; Driver-Vehicle Inspection Report (RRR) This rulemaking would rescind the requirement that commercial motor vehicle (CMV) drivers operating in interstate commerce submit, and motor carriers retain, driver-vehicle inspection reports when the driver has neither found nor been made aware of any vehicle defects or deficiencies. Specifically, this rulemaking would remove a significant information collection burden without adversely impacting safety. This rulemaking responds in part to the President´s January 2012 Regulatory Review and Reform initiative. Final Rule 12/18/2014 (issued – 79 FR 75437) N/A Public Comment, Analysis This rule is expected to reduce paperwork costs by $1.7 billion annually. 43 Federal Railroad Administration Positive Train Control Systems: De Minimis Exception, Yard Movements, En Route Failures; Miscellaneous Grade Crossing/Signal and Train Control Amendments (RRR) This rulemaking would revise Positive Train Control regulations by defining the de minimis exception and en route failures, proposing exceptions relating to yard movements that may not be considered on the main line system, and amending regulations governing grade crossing and signal and train control systems. The rulemaking is in response to a petition for rulemaking from the Association of American Railroads. Final Rule 08/22/2014 (issued – 79 FR 49693) N/A Public Comment, Analysis This rulemaking could have positive net benefits of $156.2 million when discounted at 7% over 20 years and $211 million over 20 years when discounted at 3%.
44 Federal Railroad Administration Revisions to Signal System Reporting Requirements (RRR) This rulemaking eliminates the requirement to submit a signal system report every 5 years. FRA believes that the information contained in such reports is available to FRA through other sources and the need for a separate and somewhat duplicative report every 5 years is unnecessary. Final Rule 07/02/2014 (issued – 79 FR 37664) Eliminates outdated reporting requirement Public Comment, Analysis The final rule expected that the elimination of the 5-year signal report would save the industry approximately $235,000 over 20-years 45 National Highway Traffic Safety Administration 49 CFR Part 595, Subpart C, Make Inoperative Exemptions, Vehicle Modifications to Accommodate People With Disabilities, from FMVSS No. 226 (RRR) This rulemaking would respond to a petition from Bruno Independent Living Aids to amend 49 CFR Part 595, Subpart C, Make Inoperative Exemptions, Vehicle Modifications to Accommodate People With Disabilities. Bruno is requesting that the agency include a new exemption relating to the Federal motor vehicle safety standard for ejection mitigation that would allow them to modify vehicles without taking the vehicle out of compliance to facilitate the mobility of physically disabled drivers and passengers. This request is similar to others already granted by the agency. Final Rule 07/09/2014 (issued – 79 FR 38792) N/A Public Comment, Analysis Not quantified. 46 National Highway Traffic Safety Administration Part 571.3 Response to Petition for Reconsideration on DSP Definition (RRR) On October 8, 2008, NHTSA published a final rule (73 FR 58887) amending the definition of the term, "designated seating position," as used in the Federal motor vehicle safety standards, to more clearly indicate which areas within the interior of a vehicle meet that definition. The final rule also established a calculation procedure for determining the number of designated seating positions at a seat location based upon seating surface width for passenger cars, buses, and light trucks and multipurpose passenger vehicles with a gross vehicle weight rating less than 4,536 kilograms. On December 23, 2009 (74 FR 68185), a partial final rule responding to petitions for reconsideration Final Rule 09/26/2014 (issued – 79 FR 57829) N/A Public Comment, Analysis anticipates that the economic impact of this rulemaking would be minimal