U.S. Department of Transportation Retrospective Regulatory Review Report for 07/13/2015 High-Priority Retrospective Review Rulemakings # MODE NAME RIN TITLE ABSTRACT 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 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. 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 ABSTRACT STAGE SCHEDULED (OR ISSUED) DATE REGULATORY FLEXIBILITIES METHODS TO IDENTIFY IMPROVEMENT QUANTIFIED BENEFITS/ BURDEN REDUCTION 3 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 Category III approach operations. The rulemaking would enable expanded EFVS operations, which would increase access and efficiency in low visibility conditions, and potentially result in fewer missed approaches and delayed take-offs. Final Rule TBD 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. 4 Federal Aviation Administration Fuel Tank and System Lightning Protection (RRR) This rulemaking would remove the requirement covering lightning ignition sources for fuel tank ignition prevention. It would also re-state the intention to prevent catastrophic fuel tank vapor ignition due to lightning in the broader fuel system lighting protection requirements. This action is NPRM 12/18/2014 (issued – 79 FR N/A Public Comment, Analysis This rule would be relieving for both government and industries with estimated net benefits. The regulatory benefits are based on resources saved for
necessary because of the impracticality of controlling structural lightning ignition sources, which has resulted in a series of exemptions. This action would be as it would remove the need to comply with a specific requirement that has provided little or no safety benefits. reducing the regulatory burden on both industry and the FAA. The total combined savings would be about $610 million or $450 million present value at a 7% discount rate. The lower and the higher estimates of the total combined regulatory savings range from $384 million to $836 million. 5 Federal Aviation Administration Aviation Training Devices; Pilot Certification, Training, and Pilot Schools; Other Provisions (RRR) This rulemaking would consider relieving burdens on pilots seeking to obtain aeronautical experience for certification and currency by promoting increased use of aviation training devices. The rulemaking would also address changing technologies by permitting an alternative that would permit pilots to train in technically advanced airplanes in place of older complex single engine airplanes. Additionally, the rulemaking would broaden the opportunities for military instructors to obtain civilian ratings based on military experience, expand opportunities for logging pilot time, and remove a burden on sport pilot instructors by permitting them to serve as safety pilots. Finally, this rulemaking corrects several unintended burdens resulting from a 2009 final rule and codifies several exemptions. NPRM 12/28/2015 N/A Public Comment, Analysis Anticipated Costs/Benefits: The costs and benefits related to this action have not been determined at this time. 6 Federal Aviation Administration Acceptance Criteria for Portable Oxygen Concentrators Used Onboard Aircraft (RRR) This rulemaking would replace Special Federal Aviation Regulation No. 106 with acceptance criteria for portable oxygen concentrators to be used by passengers in air carrier operations, commercial operations and certain other operations using large aircraft. NPRM 01/20/2016 Streamlined requirements Public Comment, Analysis SB: N; IC: Y; SLT: N Costs/benefits: This rule relieves regulatory burdens for manufacturers of POCs and passengers who use these devices
12 Federal Aviation Administration High Density (RRR) The DOT/FAA is considering amendments to the High Density Rule in part 93 subparts K and S to increase competitive options at DCA and improve consistency of slot requirements among slot-controlled airports. In January 2015, the DOT/FAA published a Notice of Proposed Rulemaking to address slot management and competition issues at LGA, JFK, and EWR, which currently are limited by FAA Orders. action TBD N/A Public Comment, Analysis Not quantified. 13 Federal Highway Administration Acquisition of Right-of-Way (RRR) (MAP-21) This rulemaking would update 23 CFR 710 to conform with MAP-21 and make some additional changes to streamline and clarify 23 CFR 710. Section 1302 of MAP-21 amends 23 U.S.C. 108 to provide States with new flexibility for reimbursements of costs of State-funded acquisitions of interests in real property incurred before completion of the NEPA environmental review process for the entire project. MAP-21 also allows the Secretary to authorize a State to use Federal funds for early acquisition of a real property interest if certain conditions are met, including completion of the NEPA environmental review process for the acquisition only. Final Rule 06/12/2015 N/A Public Comment, Analysis FHWA anticipates that the economic impact of this rulemaking would be minimal. 14 Federal Highway Administration Buy America (RRR) This rulemaking would update 23 CFR 635.410 to remove outdated references, add updated statutory references and coverage, reflect the current waiver request procedures, adjust the minimal use threshold amount for inflation, and address the application of these requirements to manufactured products, infrastructure, and acquisitions. action TBD N/A Public Comment, Analysis Not quantified. 15 Federal Highway Administration Revision of 23 CFR Part 230, Rights As part of our retrospective regulatory review, the FHWA intends to update 23 CFR Part 230. This Part of the CFR has not been action TBD N/A Public Comment, Analysis Not quantified. highway
current body blocks, this rulemaking would simplify the compliance test of the standard and make NHTSA´s evaluation of seat belt anchorage strength more effective. We estimate the one-time cost of purchasing a set of these devices (approximately $40,000) would be offset by the continual labor cost savings in setting up the devices for testing. NHTSA´s testing has demonstrated that the proposed force application devices do not appear to affect the stringency of the standard. The alternatively proposes a strategy to maintain the current FMVSS No. 210 body blocks for use as testing interface to transfer loads onto the seat belt anchorage system during compliance tests of anchorage strength and discusses the need for improvements in the test procedure that would specify the positioning of the body blocks at pre-load. annually starting with the effective date. We estimate the cost of each of the two sizes of the Force Application Device to be approximately $8,000 each. Assuming a vehicle manufacturer or testing facility purchases a set of two FAD1s and three FAD2s, the principal cost associated with this NPRM is the one-time purchase cost of the set, totaling $40,000. The FADs require significantly less effort, time and personnel to install in the test vehicle. Thus, we believe there would be associated cost savings which could off-set the purchase cost of the FADs. 27 National Highway Traffic Safety Administration Pedestrian Safety Global Technical Regulation (RRR) This rulemaking would provide requirements to protect pedestrian heads impacting vehicle hoods. NHTSA initiated this rulemaking following the establishment of the Global Technical Regulation (GTR) by the UNECE´s World Forum for the Harmonization of Vehicle Regulations (WP.29) in November 2008 and plans to base the new FMVSS on the GTR. A preliminary analysis indicates very nominal cost and benefits for a head impact proposal. The agency expects to follow this rulemaking with a separate GTR-based proposal to protect pedestrian legs from the front end of vehicles. NPRM 02/15/2016 N/A Public Comment, Analysis NHTSA anticipates that the economic impact of this rulemaking would be minimal.
not degrading safety or imposing new burdens. would experience a net savings. Because we do not know how many manufacturers are testing to multiple glazing standards, we cannot directly estimate the overall economic impact of the proposal. However, we do not believe that the economic impacts of this proposal would be greater than $0.009 to $0.01 per vehicle for a new make and model based on the possible increase in testing costs of $1,900 to $2,100 divided by an average vehicle design lifetime sales of 210,000 units. 31 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. 32 Office of the Secretary Transportation Services for Individuals with Disabilities: Buses (RRR) This rulemaking would 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 12/11/2015 Trigger provisions (small operators would be required to obtain accessible buses as they retire currently inaccessible buses) Public Comment, Analysis Under development
DOT conduct this review. This rulemaking would update and revise regulations relating to the purchase and lease requirements of new OTRBs, fleet accessibility requirements, interline service requirements, special provisions for mixed-service operators, and interim service requirements. 33 Pipeline and Hazardous Materials Safety Administration Hazardous Materials: Miscellaneous Pressure Vessel Requirements (DOT Spec Cylinders) (RRR) This rulemaking would propose revisions to certain requirements of the Hazardous Materials Regulations (HMR) applicable to the manufacture, maintenance, and use of DOT specification cylinders. These revisions would clarify certain important safety requirements, incorporate industry consensus standards and, where appropriate, decrease the regulatory burden without compromising the safe transportation of compressed gases in commerce. This rulemaking responds to eleven petitions for rulemaking, incorporates two special permits into the HMR, and addresses the National Transportation Safety Board (NTSB) Recommendation I-93-1. Among other provisions, PHMSA is expected to put forth proposals to address fire suppression systems, clarification of cylinder specification and requalification requirements, and adoption of new and update current incorporations by reference of industry consensus standards issued by the Compressed Gas Association. NPRM 08/31/2015 N/A Public Comment, Analysis PHMSA anticipates that this NPRM will generally reduce burdens for most stakeholders and eliminate the need to apply for special permits, as three special permits may be incorporated and lower paperwork burden. Other benefits include simplifying hazard communication requirements and increased filling density for certain gases leading to potentially fewer vehicle trips. A future rulemaking may result in a decrease in the annual burden and costs under certain OMB Control Numbers. 34 Pipeline and Hazardous Materials Safety Administration Hazardous Materials: Reverse Logistics (RRR) This rulemaking would address changes to the Hazardous Materials Regulations (HMR) that are applicable to reverse logistics based on petitions received by PHMSA. The issue of reverse logistics involves the transportation of hazardous materials that have been damaged or returned from the retailer to a return center. Final Rule 10/30/2015 N/A Public Comment, Analysis anticipates that this Final Rule will reduce the burden on most stakeholders by reducing the amount of training required by employers. Other benefits include
that PHMSA determines are appropriate for incorporation based on the review factors, which this rule proposes. Factors the rule considers: (1) the safety record of hazmat transported under the special permit; (2) the application of a special permit; (3) the suitability of provisions in the special permit for incorporation into the hazmat regulations; and (4) rulemaking activity in related areas. being proposed for adoption in this rulemaking. 37 Pipeline and Hazardous Materials Safety Administration Hazardous Materials: Miscellaneous Amendments (RRR) PHMSA is amending the Hazardous Materials Regulations (HMR) to make miscellaneous amendments to update and clarify certain regulatory requirements. The amendments in this rulemaking have been identified through PHMSA’s own initiatives and review of previously issued letters of interpretation. These amendments promote safer transportation practices, eliminate unnecessary regulatory requirements, address petitions for rulemaking, facilitate international commerce, and simplify the regulations. These amendments also update various entries in the Hazardous Materials Table (HMT) and corresponding special provisions, make minor amendments to the labeling requirements, revise the marking requirements applicable to odorization, make amendments for the continuing qualification of specification cargo tanks, and revise the exceptions for smokeless powder and black powder. Final Rule 11/30/2015 N/A Public Comment, Analysis PHMSA anticipates cost savings by: (1) reducing the number of incidents and subsequent property damage resulting from the proposed safety requirements for shipments of LPG, incorporating CGA G-1.6 for mobile acetylene trailers, and the revised packaging provisions for nitric acid; (2) reducing the frequency and time for propane cargo tanks taken out of service for requalification; and (3) harmonization with international standards. Overall the proposed changes are expected to result in overall net benefits. This rule addresses issues raised by stakeholders for the purpose of clarity, harmonization, and future growth. The benefits resulting from the
adoption of the amendments in this NPRM include enhanced transportation safety, transparency, regulatory relief, and clarity. 38 Pipeline and Hazardous Materials Safety Administration Pipeline Safety: Operator Qualification, Cost Recovery, Accident and Incident Notification, and Other Changes (RRR) This rulemaking would address miscellaneous issues that have been raised because of the reauthorization of the pipeline safety program in 2012 and petitions for rulemaking from many affected stakeholders. Some of the issues that this rulemaking would address include: renewal process for special permits, cost recovery for design reviews, and incident reporting. NPRM 07/10/2015 (issued – 80 FR 39916) N/A Public Comment, Analysis PHMSA anticipates that the economic impact of this rulemaking would be minimal. 39 Pipeline and Hazardous Materials Safety Administration Hazardous Materials: Revision of the Requirements for Carriage by Aircraft (RRR) PHMSA is considering amendments that would enhance safety and revise and clarify the Hazardous Materials Regulations (HMR) applicable to the transportation of hazardous materials by air. Specifically, this would propose revisions to the notification of the pilot-in-command (NOTOC) requirements to harmonize with international regulations. The NPRM 10/30/2015 N/A Public Comment, Analysis Under development.