
[Federal Register: November 24, 2008 (Volume 73, Number 227)]
[The Regulatory Plan]               
[Page 71401-71421]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24no08-56]                         

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Part X





Department of Transportation





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Semiannual Regulatory Agenda

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DEPARTMENT OF TRANSPORTATION (DOT)

_______________________________________________________________________

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

OST Docket 99-5129

Department Regulatory Agenda; Semiannual Summary

AGENCY: Office of the Secretary, DOT.

ACTION: Semiannual 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 agenda provides the public 
with information about the Department of Transportation's regulatory 
activity. It is expected that this information will enable the public 
to be more aware of and allow it to more effectively participate in the 
Department's regulatory activity. 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 Neil R. Eisner, Assistant General Counsel for Regulation 
and Enforcement, 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. Individuals who use a 
telecommunications device for the deaf (TDD) may call (202) 755-
7687.

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 Agenda

SUPPLEMENTARY INFORMATION: 

Background

     Improvement of our regulations is a prime goal of the 
Department of Transportation (Department or DOT). There should be 
no more regulations than necessary, and those that are issued 
should be simpler, more comprehensible, and less burdensome. 
Regulations should not be issued without appropriate involvement of 
the public; once issued, they should be periodically reviewed and 
revised, as needed, to assure that they continue to meet the needs 
for which they originally were designed. To view additional 
information about the Department of Transportation's regulatory 
activities online, go to http://regs.dot.gov.

     To help the Department achieve these goals and in accordance 
with Executive Order 12866 ``Regulatory Planning and Review'' (58 
FR 51735; October 4, 1993) and the Department's Regulatory Policies 
and Procedures (44 FR 11034; February 26, 1979), the Department 
prepares a semiannual regulatory agenda. It summarizes all current 
and projected rulemaking, reviews of existing regulations, and 
completed actions of the Department. These are matters on which 
action has begun or is projected during the succeeding 12 months or 
such longer period as may be anticipated or for which action has 
been completed since the last agenda.

     The agendas are based on reports submitted by the offices 
initiating the rulemaking and are reviewed by the Department 
Regulations Council. The Department's last agenda was published in 
the Federal Register on May 5, 2008 (73 FR 24728). The next one is 
scheduled for publication in the Federal Register in May 2009.

     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/Priority Rulemakings

     The agenda covers all rules and regulations of the Department. 
We have classified rules as a DOT agency priority in the agenda if 
they are, essentially, very costly, controversial, or of 
substantial public interest under our Regulatory Policies and 
Procedures. All DOT agency priority rulemaking documents are 
subject to review by the Secretary of Transportation. If the Office 
of Management and Budget (OMB) decides a rule is subject to its 
review under Executive Order 12866, we have classified it as 
significant in the agenda.

Explanation of Information on the Agenda

     The format for this agenda is required by a fall 2008 
memorandum from the Office of Management and Budget.

     First, the agenda is divided by initiating offices. Then, the 
agenda is divided into five categories: (1) Prerule

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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 a decision on whether to take the action; (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. If there is information that does not fit 
in the other categories, it will be included under a separate 
heading entitled ``Additional Information.''

     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 we 
expect to make a decision on whether to issue it. In addition, 
these dates are based on current schedules. Information received 
subsequent to 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 make the agenda easier to use. We would like you, the 
public, to make suggestions or comments on how the agenda could be 
further improved.

Reviews

    We also seek your suggestions on which of our existing 
regulations you believe need to be reviewed to determine whether 
they should be revised or revoked. We particularly draw your 
attention to the Department's review plan in Appendix D.

Regulatory Flexibility Act

    The Department is especially interested in obtaining 
information on requirements that have a ``significant economic 
impact on a substantial number of small entities'' and, therefore, 
must be reviewed under the Regulatory Flexibility Act. If you have 
any suggested regulations, please submit them to us, along with 
your explanation of why they should be reviewed.

     In accordance with the Regulatory Flexibility Act, comments 
are specifically invited on regulations that we have targeted for 
review under section 610 of the Act. The phrase (Section 610 
Review) appears at the end of the title for these reviews. Please 
see Appendix D for the Department's section 610 review plans.

Federalism

     Executive Order 13132 requires us to develop an accountable 
process to ensure ``meaningful and timely input by State and local 
officials in the development of regulatory policies that have 
federalism implications.'' ``Policies that have federalism 
implications'' are defined in the Executive order to include 
regulations that have substantial direct effects on the States, on 
the relationship between the National Government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government. Therefore, we encourage State and local 
governments 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: September 16, 2008.

 Mary E. Peters,

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 agenda, are 
available through the Internet at http://www.regulations.gov. See 
Appendix C for more information.

    Federal Highway Administration (FHWA)

    (Name of contact person), Federal Highway Administration, 1200 
New Jersey Avenue SE., Washington,

    DC 20590.

Federal Motor Carrier Safety Administration (FMCSA)

    (LaKisha Pearson), Federal Motor Carrier Safety Administration, 
1200

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New Jersey Avenue SE., Washington, DC 20590.

Federal Railroad Administration (FRA)

    Michelle Silva, Docket Clerk, Federal Railroad Administration, 
1200 New Jersey Avenue SE., Room W31-109, Washington, DC 20590; 
telephone (202) 493-6030.

National Highway Traffic Safety Administration (NHTSA)

    (Name of contact person), National Highway Traffic Safety 
Administration, 1200 New Jersey Avenue SE., Washington, DC 20590.

Federal Transit Administration (FTA)

    (Name of contact person), Federal Transit Administration, 1200 
New Jersey Avenue SE., Washington, DC 20590.

Saint Lawrence Seaway Development Corporation (SLSDC)

    (Name of contact person), Saint Lawrence Seaway Development 
Corporation, 1200 New Jersey Avenue SE., Washington, DC 20590.

Pipeline and Hazardous Materials Safety Administration (PHMSA)

    (Name of contact person), Pipeline and Hazardous Materials 
Safety Administration (PHMSA), 1200 New Jersey Avenue SE., 
Washington, DC 20590.

Maritime Administration (MARAD)

    Kimberly Lewis, Maritime Administration, 1200 New Jersey Avenue 
SE., Washington, DC 20590, (202) 366-5158.

The Research and Innovative Technology Administration (RITA)

    (Name of contact person), The Research and Innovative 
Technology Administration (RITA),1200 New Jersey Avenue SE., 
Washington, DC 20590.

Federal Aviation Administration (FAA)

     To obtain a copy of a specific Federal Aviation Administration 
(FAA) regulatory document in the agenda, you should communicate 
directly with the contact person listed with the regulation at the 
address or telephone number listed; access the FAA's Regulations 
and Policies web page at http://www.faa.gov/regulations_policies/; 
call (202) 267-9680; or write to us at Federal Aviation 
Administration, Office of Rulemaking, ARM-1, 800 Independence 
Avenue SW., Washington, DC 20591.

Office of the Secretary (OST)

     To obtain a copy of a specific regulatory document or to 
receive future copies of the Department's regulatory agenda write 
to: Assistant General Counsel for Regulation and Enforcement, C-50, 
Office of the General Counsel, Department of Transportation, 1200 
New Jersey Avenue SE., Washington, DC 20590, (202) 366-4723.

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 - Rebecca MacPherson, Office of Chief Counsel, Regulations 
and Enforcement Division, 800 Independence Avenue SW., Room 915A, 
Washington, DC 20591; telephone (202) 267-3073.

    FHWA - Jennifer Outhouse, Office of Chief Counsel, 1200 New 
Jersey Avenue SE., Washington, DC 20590; telephone (202) 366-0761.

    FMCSA - Theresa M. Rowlett, 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 - Kathryn Shelton, Office of Chief Counsel, 1200 New Jersey 
Avenue SE., Room W31-214, Washington, DC 20590; telephone (202) 
493-6063.

    FTA - Linda Lasley, Office of Chief Counsel, 1200 New Jersey 
Avenue SE., Room E56-202, Washington, DC 20590; telephone (202) 
366-4063.

    SLSDC - Carrie Mann Lavigne, Chief Counsel, 1200 New Jersey 
Avenue SE., Washington, DC 20590; telephone (202) 366-0091.

    PHMSA - Patricia Burke, Office of Chief Counsel, 1200 New 
Jersey Avenue SE., Washington, DC 20590; telephone (202) 366-4400.

    MARAD - Christine Gurland, Office of Chief Counsel, Maritime 
Administration, 1200 New Jersey Avenue SE., Washington, DC 20590; 
telephone (202) 366-5157.

    RITA - Robert Monniere, Office of Chief Counsel, 1200 New 
Jersey Avenue SE., Washington, DC 20590; telephone (202) 366-5498.

    OST - Neil Eisner, Office of Regulation and Enforcement, 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: 9-5.

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 1979 
Regulatory Policies and Procedures require such reviews. We also 
have responsibilities under Executive Order 12866 ``Regulatory 
Planning and Review'' and section 610 of the Regulatory Flexibility 
Act to conduct such reviews. This includes the use of plain 
language techniques in new rules and considering its use in 
existing rules when we have the opportunity and resources permit 
its use. The Department initiated a 10-year review plan. We will 
begin a new 10-year review cycle with the fall 2008 agenda. We are 
committed to continuing our reviews of existing rules and, if 
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

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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.

Other Review Plan(s)

     All elements of the Department, except for the Federal 
Aviation Administration (FAA), have also elected to use this 10-
year plan process to comply with the review requirements of the 
Department's Regulatory Policies and Procedures and Executive Order 
12866. FAA is using a different approach, which is described in 
part II to this appendix.

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 
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. Also, a Governmentwide list of section 610 reviews can be 
located through an online search at www.reginfo.gov. For further 
information on the pending reviews, see the agenda entries.

                                             OFFICE OF THE SECRETARY
                                          SECTION 610 AND OTHER REVIEWS
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                                                                                        Analysis
   Year                            Regulations To Be Reviewed                             Year       Review Year
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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 1 (fall 2008) List of rules that will be analyzed during the next 
year
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 93 - Aircraft Allocation

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49 CFR part 95 - Advisory Committees
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 REVIEW PLAN
----------------------------------------------------------------------------------------------------------------
                                                                                        Analysis
   Year                            Regulations to be Reviewed                             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
----------------------------------------------------------------------------------------------------------------


The FAA has elected to use the two-step, 2-year process used by most 
DOT modes in past plans. As such, the FAA has divided its rules into 10 
groups as displayed in the table above. During the first year (the 
``analysis year''), all rules published during the previous 10 years 
within a 10 percent block of the regulations will be analyzed to 
identify those with a SEIOSNOSE. During the second year (the ``review 
year''), each rule identified in the analysis year as having a SEIONOSE 
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.
Tri-Annual Review Plan
The FAA, in addition to reviewing its rules in accordance with the 
Section 610 Review Plan, has established a Tri-annual process to comply 
with the review requirements of the Department's Regulatory Policies 
and Procedures, Executive Order 12866, and Plain Language Review Plan. 
Our latest review notice was published November 15, 2007 (72 FR 64170). 
In that notice we requested comments from the public to identify those 
regulations currently in effect that we should amend, remove, or 
simplify. We also requested the public provide any specific suggestions 
where rules could be developed as performance-based rather than 
prescriptive, and any specific plain-language that might be used, and 
provide suggested language on how those rules should be written. The 
FAA will review the issues addressed by the commenters against its 
regulatory agenda and rulemaking program efforts and adjust its 
regulatory priorities consistent with its statutory responsibilities. 
At the end of this process, the FAA will publish a summary and general 
disposition of comments and indicate, where appropriate, how we will 
adjust our regulatory priorities.
Year 10 (fall 2007) List of rules analyzed and summary of the results
14 CFR part 91 - General Operating and Flight Rules
 Section 610: The agency has conducted a 610 Review for this 
part and found three Amendments with SEIOSNOSE.
Amendment No. 91-203
 Amendment No. 91-203, pursuant to two legislative mandates, 
established requirements for an aircraft to have an operating 
transponder (basic transponder or Mode S transponder) with automatic 
altitude reporting equipment (Mode C transponder) when operating in the 
vicinity of certain primary airports for which a terminal radar 
approach control service area had been established, and in other 
airspace at and above 10,000 feet mean sea level. The Airport and 
Airway Safety and Capacity Expansion Act of 1987 (Pub. L. 100-223, 
December 30, 1987) required the FAA to issue regulations requiring the 
use of a transponder with Mode C capability in terminal airspace above 
a minimum altitude to be determined by the FAA. These revisions were 
intended to reduce the potential for midair collisions between aircraft 
under the control of air traffic control (ATC) and those that chose to 
operate without ATC assistance.

[[Page 71407]]

    Original FAA finding: Initially, the FAA found that this 
amendment would not have a SEIOSNOSE. However, during the NPRM 
phase of this rulemaking, the FAA received numerous comments 
suggesting that the proposed rules would significantly impact small 
businesses. The FAA received many comments from private airports, 
state aviation organizations, and private trade associations that 
indicated there would be a significant economic impact to private 
and public airports, as well as fixed based operators at those 
airports. Comments from businesses engaged in aerial agriculture 
and pest control, as well as aerial advertising, indicated that the 
proposed rules would have significant economic impact on these 
businesses also. Therefore, the FAA reconsidered its finding and 
agreed that the comments indicated that there would be a SEIOSNOSE.

    To mitigate the impact on small entities, the FAA considered 
three alternative approaches to this rulemaking: (1) Delay 
implementation for a longer period; (2) establish different 
standards for small entities; and (3) design the airspace to 
minimize the impact. The FAA rejected the second and third 
approaches because it found them to be contrary to the legislative 
mandates, inequitable, and would result in a diminished safety 
benefit. The FAA recognized the economic benefit in delaying the 
implementation of this amendment for a longer period of time to 
allow for an increase in the supply of the required avionics that 
should lower the cost of this equipment. However, the FAA stated 
that the safety need was so great that it was necessary to move 
forward with the regulations. Therefore, instead of completely 
delaying the implementation date, the FAA implemented the 
regulations in two phases over a period of 18 months.

    Finding of this 5 U.S.C. section 610 analysis and review: 
Although the FAA attempted to mitigate the economic impact on small 
entities by delaying the implementation period, compliance with the 
amendment still imposes a SEIOSNOSE. Therefore, based on this 
periodic analysis of the current impact of amendment No. 91-203 on 
small entities, there continues to be a SEIOSNOSE. No changes are 
needed because these regulations are mandated by statute and impose 
the least burden.

Amendment No. 91-263

    Amendment No. 91-263 required that certain airplanes be 
equipped with an FAA-approved terrain awareness and warning system 
(TAWS) (also referred to as an enhanced ground proximity warning 
system). It is an operating rule that affects all U.S.-registered 
turbine-powered airplanes with six or more passenger seats 
(exclusive of pilot and copilot seating). The rule promotes safety 
by increasing the warning times and situational awareness of flight 
crews to decrease the risk of controlled flight into terrain 
accidents.

    Original FAA finding: The FAA determined that this amendment 
would have a SEIOSNOSE. The FAA noted that the types of entities 
potentially affected by this rule would include manufacturers of 
transport category airplanes, manufacturers of ground proximity 
warning equipment, scheduled air carriers, and nonscheduled air 
carriers. The small entities that operate under part 91 that were 
expected to be impacted by this rule would include corporate, 
business, personal, instruction, aerial application, and local 
governments. The FAA estimated that the fleet of aircraft to which 
the rule would apply would be approximately 6,000 turbojets and 
6,000 turboprops. The small entities associated with this size 
fleet constituted a substantial number and the cost impact was 
considered to be potentially significant. Therefore, the FAA took 
measures to mitigate the economic impact on small entities.

    The FAA made efforts to reduce the impact on these potentially 
affected small entities by requiring a substantially less expensive 
and easier to install TAWS for part 91 operators. The FAA 
determined that there are two classes of TAWS equipment that can 
provide the desired level of safety: Class A, which includes a 
terrain situational awareness display, and Class B, which includes 
only the basic TAWS safety features. The FAA allowed part 91 
operators to achieve the desired safety levels by installing the 
less expensive Class B TAWS equipment. This approach significantly 
reduced the cost of compliance to small entities, and still met the 
rule's safety goals.

    Finding of this 5 U.S.C. section 610 analysis and review: 
Although the FAA attempted to reduce the impact on the potentially 
affected small entities by requiring a substantially less expensive 
and easier to install TAWS for part 91 operators, compliance with 
the amendment still imposes a SEIOSNOSE. Therefore, based on this 
periodic analysis of the current impact of amendment No. 91-263 on 
small entities, there continues to be a SEIOSNOSE. The benefits 
justify their costs and the regulations impose the least burden 
while still meeting the rule's safety goals.

Amendment No. 91-276 (Reduced Vertical Separation Minimum in Domestic 
United States Airspace)

    Amendment No. 91-276, Reduced Vertical Separation Minimum in 
Domestic United States Airspace, expanded Reduced Vertical 
Separation Minimum (RVSM) operations to aircraft operating between 
29,000 and 41,000 feet in the airspace of the contiguous 48 States 
of the United States and the District of Columbia, Alaska, that 
portion of the Gulf of Mexico where the FAA provides air traffic 
services, the San Juan Flight Information Region (FIR), and the 
airspace between Florida and the San Juan FIR. The amendment also 
required any aircraft that is equipped with TCAS II and flown in 
RVSM airspace to incorporate a version of TCAS II software that is 
compatible with RVSM operations. The goals of this amendment were 
to assist aircraft operators to save fuel and time, to enhance air 
traffic control flexibility, and to enhance airspace capacity.

    Original FAA finding: The FAA initially determined that this 
amendment would have a SEIOSNOSE. The FAA found through analysis 
that approximately 380 small operators would be significantly 
impacted by this amendment. These small operators were expected to 
experience some disadvantages relative to large transport carriers, 
such as less flexibility for rotating their fleets through the RVSM 
approval process without a disruption in service, or suffering a 
significant fuel penalty by continuing to operate below 29,000 feet 
if electing to not upgrade or to delay aircraft upgrade plans. 
Therefore, the FAA considered alternatives to mitigate the economic 
impact on these small entities.

    To reduce this economic impact, the FAA considered several 
alternative approaches to this rulemaking, including not enforcing 
the rule on small entities. Under this scenario, small operators 
would avoid $285.5 million in upgrade costs and downtime

[[Page 71408]]

costs, but safety would be compromised as a result of some 2,400 
non-approved aircraft operating in the RVSM stratum. Therefore, the 
FAA rejected this alternative. The FAA also considered a phased 
implementation of RVSM alternative to give small entities greater 
flexibility. It considered implementation of RVSM for a smaller 
band such as 33,000 to 37,000 feet with eventual expansion to the 
full RVSM envelope of 29,000 to 41,000 feet. This alternative was 
rejected on the basis of simulations that revealed system safety 
and airspace management were negatively impacted when RVSM was 
applied in any altitude band other than 29,000 to 41,000 feet. In 
addition, controller workload, the potential for controller error, 
and operational complexity all increased. The FAA rejected this 
alternative in favor of the rule, as well. The FAA concluded that 
the final rule represented the best balance of costs and benefits 
for airspace users and air traffic providers without a reduction in 
aviation safety.

    Finding of this 5 U.S.C. section 610 analysis and review: Since 
promulgation of this rule, circumstances have remained such that 
there is a continued need for the rule as implemented. Small 
entities retain the option of not upgrading their equipment to take 
advantage of RVSM operations and continuing to operate below 29,000 
feet if they feel this is more to their advantage. However, based 
on this periodic analysis of the current impact of amendment No. 
91-276, Reduced Vertical Separation Minimum in Domestic United 
States Airspace, on small entities, there continues to be a 
SEIOSNOSE. The FAA concludes that the final rule represents the 
best balance of costs and benefits for airspace users and air 
traffic providers without a reduction in aviation safety.

                                         FEDERAL HIGHWAY ADMINISTRATION
                                          SECTION 610 AND OTHER REVIEWS
----------------------------------------------------------------------------------------------------------------
                                                                                        Analysis
   Year                            Regulations To Be Reviewed                             Year       Review Year
----------------------------------------------------------------------------------------------------------------
 1          None....................................................................          2008          2009
 2          23 CFR parts 1 through 260..............................................          2009          2010
 3          23 CFR parts 420 through 470............................................          2010          2011
 4          23 CFR part 500.........................................................          2011          2012
 5          23 CFR parts 620 through 637............................................          2012          2013
 6          23 CFR parts 645 through 669............................................          2013          2014
 7          23 CFR parts 710 through 924............................................          2014          2015
 8          23 CFR parts 940 through 973............................................          2015          2016
 9          23 CFR parts 1200 through 1252..........................................          2016          2017
10          New parts and subparts..................................................          2017          2018
----------------------------------------------------------------------------------------------------------------

Federal-Aid Highway Program


    The 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 highways is chapter I of 
title 23 of the U.S.C. Section 145 of title 23 expressly provides 
for a federally assisted State program. For this reason, the 
regulations adopted by the FHWA in title 23 of the CFR primarily 
relate to the requirements that States must meet to receive Federal 
funds for the construction and other work related to highways. 
Because the regulations in title 23 primarily relate to States, 
which are not defined as small entities under the Regulatory 
Flexibility Act, the FHWA believes that its regulations in title 23 
do not have a significant economic impact on a substantial number 
of small entities. The FHWA solicits public comment on this 
preliminary conclusion.

                                   FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION
                                          SECTION 610 AND OTHER REVIEWS
----------------------------------------------------------------------------------------------------------------
                                                                                        Analysis
   Year                            Regulations To Be Reviewed                             Year       Review Year
----------------------------------------------------------------------------------------------------------------
1           49 CFR parts 372, subpart A, and 381....................................          2008          2009
2           49 CFR parts 386, 389, and 395..........................................          2009          2010
3           49 CFR parts 325, 388, 350, and 355.....................................          2010          2011
4           49 CFR parts 380 and 382 to 385.........................................          2011          2012
5           49 CFR parts 390 to 393 and 396 to 399..................................          2012          2013
6           49 CFR parts 356, 367, 369 to 371, 372, subparts B-C....................          2013          2014
7           49 CFR parts 373, 374, 376, and 379.....................................          2014          2015
8           49 CFR parts 360, 365, 366, and 368.....................................          2015          2016
9           49 CFR parts 377, 378, and 387..........................................          2016          2017
10          49 CFR parts 303, 375, and new parts and subparts.......................          2017          2018
----------------------------------------------------------------------------------------------------------------

Year 1 (fall 2008) List of rules that will be analyzed during the next 
year
49 CFR part 372, subpart A - Exemptions

[[Page 71409]]

49 CFR part 381 - Waivers, exemptions, and pilot programs
Year 10 (fall 2007) List of rules analyzed and a summary of results
49 CFR part 375 - Transportation of Household Goods in Interstate 
Commerce; Consumer Protection regulations
 Section 610: An ongoing review of the regulations indicates 
there is a SEIONOSE. This part applies to small household goods firms 
that are engaged in interstate operations.
 General: The Agency will assess the need for changes once the 
review of these regulations is complete. FMCSA's plain language review 
of these regulations indicates no need for substantial revision.
49 CFR part 395 - Hours of Service of Drivers
 Review of the Hours of Service regulations will be delayed 
until year 2 of the upcoming review cycle. The Agency issues an interim 
final rule on December 17, 2007 (72 FR 71247). FMCSA anticipates 
publishing a final rule at the end of 2008.

                                  NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION
                                          SECTION 610 AND OTHER REVIEWS
----------------------------------------------------------------------------------------------------------------
                                                                                        Analysis
   Year                            Regulations To Be Reviewed                             Year       Review Year
----------------------------------------------------------------------------------------------------------------
1           49 CFR 571.223 through 571.500, and parts 575 and 579...................          2008          2009
2           23 CFR parts 1200 and 1300..............................................          2009          2010
3           49 CFR parts 501 through 526 and 571.213................................          2010          2011
4           49 CFR 571.131, 571.217, 571.220, 571.221, and 571.222..................          2011          2012
5           49 CFR 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 571.111 through 571.129 and parts 580 through 588................          2014          2015
8           49 CFR 571.201 through 571.212..........................................          2015          2016
9           49 CFR 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 1 (fall 2008) List of rules that will be analyzed during the next 
year
49 CFR part 571.223 - Standard No. 223; Rear impact guards
49 CFR part 571.224 - Standard No. 224; Rear impact protection
49 CFR part 571.225 - Standard No. 225; Child restraint anchorage 
systems
49 CFR part 571.301 - Standard No. 301; Fuel system integrity
49 CFR part 571.302 - Standard No. 302; Flammability of interior 
materials
49 CFR part 571.303 - Standard No. 303; Fuel system integrity of 
compressed natural gas vehicles
49 CFR part 571.304 - Standard No. 304; Compressed natural gas fuel 
container integrity
49 CFR part 571.305 - Standard No. 305; Electric-powered vehicles: 
electrolyte spillage and electrical shock protection
49 CFR part 571.401 - Standard No. 401; Interior trunk release
49 CFR part 571.403 - Standard No. 403; Platform lift systems for motor 
vehicles
49 CFR part 571.404 - Standard No. 404; Platform lift installations in 
motor vehicles
49 CFR part 571.500 - Standard No. 500; Low-speed vehicles
49 CFR part 575 - Consumer information
49 CFR part 579 - Reporting of Information And Communications About 
Potential Defects
Plan for Evaluating the Effectiveness of Vehicle and Behavioral 
Programs, 2008-2012


    In addition to reviewing its rules in accordance with the 
Section 610 Review Plan, NHTSA issued an Evaluation Program Plan, 
2008-2012, on August 21, 2008. This document describes the Office 
of Regulatory Analysis and Evaluation's ongoing and planned 
evaluations of existing Federal Motor Vehicle Safety Standards and 
other vehicle-safety, behavioral-safety and consumer programs. It 
also summarizes the results of completed program evaluations. On 
August 29, 2008, NHTSA also issued a notice in the Federal Register 
(page 51045) inviting public comment on the plan. You may review 
this plan at http://www-nrd.nhtsa.dot.gov/Pubs/810983.PDF. You may 
review the Federal Register notice at http://
edocket.access.gpo.gov/2008/pdf/E8-20061.pdf or in HTML format at 
http://edocket.access.gpo.gov/2008/E8-20061.htm.

    You may comment until December 29, 2008, by accessing the FDMS 
at http://www.regulations.gov. Your comments should make reference 
to Docket No. NHTSA-2008-0143. The notice explains how to send 
comments.

                                         FEDERAL RAILROAD ADMINISTRATION
                                          SECTION 610 AND OTHER REVIEWS
----------------------------------------------------------------------------------------------------------------
                                                                                        Analysis
   Year                            Regulations To Be Reviewed                             Year       Review Year
----------------------------------------------------------------------------------------------------------------
1           49 CFR parts 200 and 201................................................          2008          2009

[[Page 71410]]


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 10 (fall 2007) List of rules analyzed and a summary of results
49 CFR part 213 - Track Safety Standards
 Section 610: There is a SEIOSNOSE. These are minimum safety 
requirements for railroad track that is part of the general railroad 
system of transportation. The FRA will conduct a formal review to 
identify whether opportunities may exist to reduce the burden on small 
railroads without compromising safety standards.
 Plain Language: FRA's plain language review of this rule 
indicates no need for substantial revision.
 General: Since the rule prescribes minimum safety requirements 
for railroad track that is part of the general railroad system of 
transportation, it will enhance the safety of rail transportation, 
protecting both those traveling and working on the system and those off 
the system who might be adversely affected by a rail incident.
49 CFR part 220 - Railroad Communications
 Section 610: There is a SEIOSNOSE. These are minimum 
requirements governing the use of wireless communications in connection 
with railroad operations. The FRA will conduct a formal review to 
identify whether opportunities may exist to reduce the burden on small 
railroads without compromising safety standards.
 Plain Language: FRA's plain language review of this rule 
indicates no need for substantial revision.
 General: Since the rule prescribes minimum requirements 
governing the use of wireless communications in connection with 
railroad operations. Uniform standard communications procedures and 
requirements throughout the railroad industry are necessary to ensure 
the protection and safety of railroad employees and general public, and 
to minimize the number of casualties.
49 CFR part 230 - Steam Locomotive Inspection and Maintenance Standards
 Section 610: There is no SEIOSNOSE.
 Plain Language: FRA's plain language review of this rule 
indicates no need for substantial revision.
 General: Since the rule prescribes minimum Federal safety 
standards of inspection and maintenance for all steam locomotive 
operated on railroads, these requirements are necessary to ensure the 
protection and safety of railroad employees and general public, and to 
minimize the number of casualties.
49 CFR part 232 - Brake System Safety Standards for Freight and Other 
Non-Passenger Train and Equipment; End-of-Train Devices
 Section 610: There is a SEIOSNOSE. These are minimum Federal 
safety standards for freight and other non-passenger train track 
systems and equipment as well as for freight and other non-passenger 
train brake systems. The FRA will conduct a formal review to identify 
whether opportunities may exist to reduce the burden on small railroads 
without compromising safety standards.
 Plain Language: FRA's plain language review of this rule 
indicates no need for substantial revision.
 General: Since the rule prescribes minimum Federal safety 
standards for freight and other non-passenger train track systems and 
equipment as well as for freight and other non-passenger train brake 
systems, it will enhance the safety of rail transportation, protecting 
both those traveling and working on the system and those off the system 
who might be adversely affected by a rail incident.
49 CFR part 239 - Passenger Train Emergency Preparedness
 Section 610: There is no SEIOSNOSE.
 Plain Language: FRA's plain language review of this rule 
indicates no need for substantial revision.
 General: Since the rule prescribes minimum Federal safety 
standards for the preparation, adoption and implementation of emergency 
preparedness plans by railroads, these requirements are necessary to 
ensure the protection and safety of railroad passengers and employees 
as well as the general public, and to minimize the number of 
casualties.
49 CFR part 240 - Qualification and Certification of Locomotive 
Engineers
 Section 610: There is no SEIOSNOSE.
 Plain Language: FRA's plain language review of this rule 
indicates no need for substantial revision.
 General: Since the rule prescribes minimum Federal safety 
standards and guidelines for the eligibility, training, testing, 
certification and monitoring of all locomotive engineers, it will 
ensure and enhance the protection and safety of railroad employees and 
general public and minimize the number of casualties.
49 CFR part 265 - Nondiscrimination in Federally Assisted Railroad 
Programs
 Section 610: There is no SEIOSNOSE.

[[Page 71411]]

 Plain Language: FRA's plain language review of this rule 
indicates no need for substantial revision.
 General: The purpose of the rule is to ensures that no person 
in the United States shall on the grounds of race, color, national 
origin, or sex be excluded from participation in, or denied the 
benefits of, or be subjected to discrimination under, any project, 
program or activity funded in part through financial assistance under 
the Railroad Revitalization and Regulatory Reform Act of 1976, or any 
provision of law amended by the Act.
Year 1 (fall 2008) List of rule(s) that will be analyzed during next 
year
49 CFR part 200 - Informal Rules of Practice for Passenger Safety
49 CFR part 201 - Formal Rules of Practice for Passenger Service

                                         FEDERAL TRANSIT ADMINISTRATION
                                          SECTION 610 AND OTHER REVIEWS
----------------------------------------------------------------------------------------------------------------
                                                                                         Analysis
   Year                             Regulations To Be Reviewed                            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 10 (fall 2007) List of rules analyzed and summary of results
49 CFR part 624 - Clean Fuels Program
 Section 610: The Agency has determined that the rule will not 
have a significant effect on a substantial number of small entities. 
This rule imposes no new costs because it merely modifies the 
application procedures for an existing grant program.
 Plain Language: The rule was drafted using plain language 
techniques.
 General: No changes are necessary since the benefits of the 
rule justify its costs and the regulation imposes the least burden.
Year 1 (fall 2008) List of rules that will be analyzed during the next 
year
49 CFR part 604 - Charter Services
49 CFR part 605 - School Bus Operations
49 CFR part 633 - Project Management Oversight

                                             MARITIME ADMINISTRATION
                                          SECTION 610 AND OTHER REVIEWS
----------------------------------------------------------------------------------------------------------------
                                                                                        Analysis
   Year                            Regulations To Be Reviewed                             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 part 298.........................................................          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 10 (fall 2007) List of rules analyzed and a summary of the results
46 CFR part 390 - Capital Construction Fund
 Section 610: No SEIOSNOSE. Some small entities may be 
affected, but the economic impact on small entities will not be 
significant.
 General: No overall revision of the rule is needed at this 
time; however, technical amendments were made to the rule so that it 
correctly referenced sections in the United States Code. Where 
confusing or wordy language has been identified, revisions will be 
made.
46 CFR part 391 - Federal Income Tax Aspects of the Capital 
Construction Fund
 Section 610: No SEIOSNOSE. Some small entities may be 
affected, but the economic impact on small entities will not be 
significant.

[[Page 71412]]

 General: No changes are needed. Where confusing or wordy 
language has been identified, revisions will be made.
Year 1 (fall 2008) List of rules that will be analyzed during the next 
year
46 CFR part 201 - Rules of Practice and Procedure
46 CFR part 202 - Procedures Relating to Review by Secretary of 
Transportation of Actions by Maritime Subsidy Board
46 CFR part 203 - Procedures Relating to Conduct of Certain Hearings 
Under the Merchant Marine Act, 1936
46 CFR part 204 - Claims Against the Maritime Administration Under the 
Federal Tort Claim Act
46 CFR part 205 - Audit Appeals; Policy and Procedure

                         PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION (PHMSA)
                                          SECTION 610 AND OTHER REVIEWS
----------------------------------------------------------------------------------------------------------------
                                                                                        Analysis
   Year                            Regulations To Be Reviewed                             Year       Review Year
----------------------------------------------------------------------------------------------------------------
1           Part 178................................................................          2008          2009
2           Parts 178, 179, 180.....................................................          2009          2010
3           Parts 172 and 175.......................................................          2010          2011
4           Sections 171.15 and 171.16..............................................          2011          2012
5           Parts 106, 107, 171, 190, 195...........................................          2012          2013
6           Parts 174, 177, 191, 192................................................          2013          2014
7           Parts 176, 199..........................................................          2014          2015
8           Parts 172, 173, 174, 175, 176, 177, 178.................................          2015          2016
9           Parts 172, 173, 174, 176, 177, 193......................................          2016          2017
10          Parts 173, 194..........................................................          2017          2018
----------------------------------------------------------------------------------------------------------------

Year 8 (fall 2005) List of rules analyzed and a summary of the results
49 CFR part 110 - Hazardous Materials Public Sector Training and 
Planning Grants
 Section 610: No SEIOSNOSE. The vast majority of grant 
applicants are not considered small entities as SBA defines that term. 
In the past 10 years, only eight entities meeting the small business 
definition have applied for and received HMEP grants. Further, the 
grant application process is specifically designed to minimize the 
burden on all grantees, including those that meet the definition of 
small entity.
 Plain Language: Where confusing or wordy language has been 
identified, we will make revisions.
 General: No changes are necessary since the benefits of the 
rule justify its costs and the regulation imposes the least burden.
49 CFR part 195 - Transportation of Hazardous Liquids by Pipeline
 Section 610: NO SEIOSNOSE. The vast majority of hazardous 
liquid operators are not small entities as defined by the SBA.
 Plain Language: We will make revisions where wordy or 
confusing language is identified.
 General: No changes are necessary since the benefits of the 
rule justify its costs and the regulation imposes the least burden.
Year 1 (fall 2008) List of rules that will be analyzed during the next 
year
49 CFR part 178 - Specifications for packagings

                            RESEARCH AND INNOVATIVE TECHNOLOGY ADMINISTRATION (RITA)
                                          SECTION 610 AND OTHER REVIEWS
----------------------------------------------------------------------------------------------------------------
                                                                                        Analysis
   Year                            Regulations To Be Reviewed                             Year       Review Year
----------------------------------------------------------------------------------------------------------------
1           14 CFR part 241, form 41................................................          2008          2009
2           14 CFR part 241, schedule T-100, and part 217...........................          2009          2010
3           14 CFR part 298, 49 CFR 1420............................................          2010          2011
4           14 CFR part 241, section 19-7...........................................          2011          2012
5           14 CFR part 291.........................................................          2012          2013
6           14 CFR part 234.........................................................          2013          2014
7           14 CFR part 249.........................................................          2014          2015
8           14 CFR part 248.........................................................          2015          2016
9           14 CFR part 250.........................................................          2016          2017
10          14 CFR part 374a, ICAO..................................................          2017          2018
----------------------------------------------------------------------------------------------------------------

Year 6 (fall 2003) List of rule(s) analyzed and a summary of results
14 CFR part 234 - Airline Service Quality Performance Reports
 Section 610: No SEIOSNOSE.
 Plain Language: This rule is being reviewed as part of an 
overall aviation data requirements review and modernization program, 
which will also take into account the plain language initiative.
 General: This rule is being reviewed as part of an overall 
aviation data requirements review and modernization program.

[[Page 71413]]

Year 7 (fall 2004) List of rule(s) analyzed and a summary of results
14 CFR part 249 - Preservation of Air Carrier Records
 Section 610: No SEIOSNOSE.
 Plain Language: This rule is being reviewed as part of an 
overall aviation data requirements review and modernization program, 
which will also take into account the plain language initiative.
 General: This rule is being reviewed as part of an overall 
aviation data requirements review and modernization program.
Year 8 (fall 2005) List of rule(s) analyzed and a summary of results
14 CFR part 248 - Submission of Audit Reports
 Section 610: No SEIOSNOSE.
 Plain Language: This rule is being reviewed as part of an 
overall aviation data requirements review and modernization program, 
which will also take into account the plain language initiative.
 General: This rule is being reviewed as part of an overall 
aviation data requirements review and modernization program.
Year 1 (fall 2008) List of rules that will be analyzed during the next 
year
14 CFR part 241 -- Uniform System of Accounts and Reports for Large 
Certificated Air Carriers, Form 41

                                  SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION
                                          SECTION 610 AND OTHER REVIEWS
----------------------------------------------------------------------------------------------------------------
                                                                                        Analysis
   Year                            Regulations to be Reviewed                             Year       Review Year
----------------------------------------------------------------------------------------------------------------
1           33 CFR parts 401 through 403............................................          2008          2009
----------------------------------------------------------------------------------------------------------------

Year 1 (fall 2008) List of Rules that will be analyzed during the next 
year
33 CFR part 401 - Seaway Regulations and Rules
33 CFR part 402 - Tariff of Tolls
33 CFR part 403 - Rules of Procedure of the Joint Tolls Review Board

                                   Office of the Secretary--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
382         [rplus]Nondiscrimination on the Basis of Disability in Air Travel.....................    2105-AC97
----------------------------------------------------------------------------------------------------------------
 [rplus] DOT-designated significant regulation


                              Federal Aviation Administration--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
383         [rplus]Automatic Dependent Surveillance--Broadcast (ADS-B) Equipage Mandate To Support    2120-AI92
            Air Traffic Control Service (Reg Plan Seq No. 91).....................................
384         [rplus]Qualification, Service, and Use of Crewmembers and Aircraft Dispatchers........    2120-AJ00
----------------------------------------------------------------------------------------------------------------
 [rplus] DOT-designated significant regulation
References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.


                                Federal Aviation Administration--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
385         [rplus]Washington, DC, Metropolitan Area Special Flight Rules Area....................    2120-AI17
386         Production and Airworthiness Approvals................................................    2120-AI78
----------------------------------------------------------------------------------------------------------------
 [rplus] DOT-designated significant regulation


[[Page 71414]]


                               Federal Aviation Administration--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
387         [rplus]Flight Crewmember Duty Limitations and Rest Requirements.......................    2120-AI93
----------------------------------------------------------------------------------------------------------------
 [rplus] DOT-designated significant regulation


                               Federal Aviation Administration--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
388         [rplus]Transport Airplane Fuel Tank Flammability Reduction............................    2120-AI23
389         [rplus]General Operating and Flight Rules (Completion of a Section 610 Review)........    2120-AJ13
390         Extended Operations (ETOPS) of Multi-Engine Airplanes.................................    2120-AJ26
----------------------------------------------------------------------------------------------------------------
 [rplus] DOT-designated significant regulation


                        Federal Motor Carrier Safety Administration--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
391         [rplus]Unified Registration System....................................................    2126-AA22
392         [rplus]National Registry of Certified Medical Examiners (Reg Plan Seq No. 92).........    2126-AA97
----------------------------------------------------------------------------------------------------------------
 [rplus] DOT-designated significant regulation
References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.


                          Federal Motor Carrier Safety Administration--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
393         [rplus]New Entrant Safety Assurance Process...........................................    2126-AA59
394         [rplus]Requirements for Intermodal Equipment Providers and Motor Carriers and Drivers     2126-AA86
            Operating Intermodal Equipment........................................................
395         Interstate Van Operations.............................................................    2126-AA98
396         [rplus]Commercial Driver's License Testing and Commercial Learner's Permit Standards      2126-AB02
            (Reg Plan Seq No. 94).................................................................
----------------------------------------------------------------------------------------------------------------
 [rplus] DOT-designated significant regulation
References in boldface appear in the Regulatory Plan in part II of this issue of the Federal Register.


                         Federal Motor Carrier Safety Administration--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
397         [rplus]Safety Monitoring System and Compliance Initiative for Mexico-Domiciled Motor      2126-AA35
            Carriers Operating in the United States...............................................
----------------------------------------------------------------------------------------------------------------
 [rplus] DOT-designated significant regulation


                       National Highway Traffic Safety Administration--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
398         Early Warning Reporting Information...................................................    2127-AK28
----------------------------------------------------------------------------------------------------------------


[[Page 71415]]


                        National Highway Traffic Safety Administration--Completed Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
399         Upgrade of School Bus Passenger Protection............................................    2127-AK09
----------------------------------------------------------------------------------------------------------------


                               Federal Transit Administration--Proposed Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
400         Bus Testing: Phase-In of Brake Performance and Emissions Testing, and Program Updates     2132-AA95
            (Section 610 Review)..................................................................
401         Buy America; Petition for Rulemaking (Section 610 Review).............................    2132-AA99
402         School Bus Operations (Section 610 Review)............................................    2132-AB00
----------------------------------------------------------------------------------------------------------------


                                Federal Transit Administration--Long-Term Actions
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
403         [rplus]Major Capital Investment Projects--New/Small Starts............................    2132-AA81
----------------------------------------------------------------------------------------------------------------
 [rplus] DOT-designated significant regulation


                    Pipeline and Hazardous Materials Safety Administration--Final Rule Stage
----------------------------------------------------------------------------------------------------------------
                                                                                                     Regulation
 Sequence                                           Title                                            Identifier
  Number                                                                                               Number
----------------------------------------------------------------------------------------------------------------
404         [rplus]Hazardous Materials: Enhancing Rail Transportation Safety and Security for         2137-AE02
            Hazardous Materials Shipments.........................................................
----------------------------------------------------------------------------------------------------------------
 [rplus] DOT-designated significant regulation

_______________________________________________________________________
Department of Transportation (DOT)                    Completed Actions
Office of the Secretary (OST)
_______________________________________________________________________

382. [rplus]NONDISCRIMINATION ON THE BASIS OF DISABILITY IN AIR TRAVEL

Legal Authority: 14 USC 41702; 14 USC 41705; 14 USC 41712

Abstract: This final rule would consolidate three notices of proposed 
rulemaking (NPRMs) to update and expand coverage under the Air Carrier 
Access Act (ACAA). The ACAA prohibits discrimination on the basis of 
disability in air travel. The final rule would amend the ACAA rules to 
apply to foreign air carriers. It would also add new provisions 
concerning passengers who use electronic respiratory assistive devices 
(including portable oxygen concentrators) and passengers who are deaf 
or hard of hearing. In addition, the rule would reorganize and update 
the entire ACAA rule. Rulemaking actions under RINs 2105-AC29 and 2105-
AD41 are being incorporated into this rulemaking.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            11/04/04                    69 FR 64364
NPRM Comment Period Extended    01/28/05                     70 FR 4058
NPRM Comment Period End         02/02/05
Second NPRM Comment Period End  03/04/05
Final Rule                      05/13/08                    73 FR 27614
Final Rule Effective            05/13/08

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Blaine A. Workie, Supervisory Trial Attorney, 
Department of Transportation, Office of the Secretary, 1200 New Jersey 
Avenue SE, Washington, DC 20590
Phone: 202 366-9342
Fax: 202 366-7153
Email: blane.workie@dot.gov

RIN: 2105-AC97
BILLING CODE 4910--9X--S

[[Page 71416]]

_______________________________________________________________________
Department of Transportation (DOT)                  Proposed Rule Stage
Federal Aviation Administration (FAA)
_______________________________________________________________________

383. [rplus]AUTOMATIC DEPENDENT SURVEILLANCE--BROADCAST (ADS-B) EQUIPAGE 
MANDATE TO SUPPORT AIR TRAFFIC CONTROL SERVICE

 Regulatory Plan: This entry is Seq. No. 91 in part II of this issue of 
the Federal Register.

RIN: 2120-AI92
_______________________________________________________________________

384. [rplus]QUALIFICATION, SERVICE, AND USE OF CREWMEMBERS AND AIRCRAFT 
DISPATCHERS

Legal Authority: 49 USC 106(g), 40119, 40113, 44101; 49 USC 44701 and 
44702, 44705; 49 USC 44709 to 44711; 49 USC 44713, 44716 and 44717; 49 
USC 44722, 44901, 44903 and 44904, 44912, and 46105

Abstract: This rulemaking would amend the regulations for crewmember 
and dispatcher training programs in domestic, flag, and supplemental 
operations. The rulemaking would enhance traditional training programs 
by requiring the use of flight simulation training devices for flight 
crewmembers and including additional training requirements in areas 
that are critical to safety. The rulemaking would also reorganize and 
revise the qualification and training requirements. The changes are 
intended to contribute significantly to reducing aviation accidents.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            11/00/08

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Edward Cook, Flight Standards Service, Department of 
Transportation, Federal Aviation Administration, 100 Hartsfield Centre 
Parkway, Suite 400, Atlanta, GA 30354
Phone: 404 832-4700
Email: edward.cook@faa.gov

RIN: 2120-AJ00
_______________________________________________________________________
Department of Transportation (DOT)                     Final Rule Stage
Federal Aviation Administration (FAA)
_______________________________________________________________________

385. [rplus]WASHINGTON, DC, METROPOLITAN AREA SPECIAL FLIGHT RULES AREA

Legal Authority: 49 USC 106(g); 49 USC 40103; 49 USC 40106; 49 USC 
40109; 49 USC 40113; 49 USC 44502; . . .

Abstract: This rulemaking would codify restrictions for certain 
aircraft operations in the Washington, DC, Metropolitan Area. This 
action is necessary because of the ongoing threat of terrorist attacks. 
The FAA intends by this action to help the Department of Homeland 
Security and the Department of Defense protect national assets in the 
National Capital region. We are developing the rule in conjunction with 
the Department of Defense and Department of Homeland Security.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            08/04/05                    70 FR 45250
NPRM Comment Period End         11/02/05
NPRM Comment Period Extended    11/07/05                    70 FR 67388
NPRM Comment Period Extended to 02/06/06
Final Rule                      01/00/09

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Ellen Crum, Air Traffic Systems Operations, Department 
of Transportation, Federal Aviation Administration, 800 Independence 
Avenue SW, Washington, DC 20591
Phone: 202 267-8783
Email: ellen.crum@faa.gov

RIN: 2120-AI17
_______________________________________________________________________

386. PRODUCTION AND AIRWORTHINESS APPROVALS

Legal Authority: 42 USC 7572; 49 USC 106(g); 49 USC 40105; 49 USC 
40113; 49 USC 44701 and 44702; 49 USC 44704; 49 USC 44707; 49 USC 
44709; 49 USC 44711; 49 USC 44713; 49 USC 44715; 49 USC 45303

Abstract: This rulemaking would change certification procedures and 
identification requirements for aeronautical products and parts. The 
changes would address standardizing requirements for production 
approval holders; requiring production approval holders to issue 
airworthiness approvals for aircraft engines, propellers, and other 
aviation parts; requiring manufacturers to mark all parts and 
components; and revising export airworthiness approval requirements to 
facilitate global manufacturing. The intent of these changes is to 
promote safety by ensuring that aircraft, and parts designed 
specifically for use in aircraft, wherever manufactured, meet 
applicable standards. This action is also necessary to update our 
regulations to reflect the current global aircraft and aircraft parts 
manufacturing environment.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            10/05/06                    71 FR 58914
NPRM Comment Period Extended    12/20/06                    71 FR 76224
NPRM Comment Period End         01/03/07
Comment Period Extended to      02/05/07
Notice of Availability and 
Request for Comments            02/14/07                     72 FR 6968
Comment Period End              04/02/07
Final Rule                      11/13/07                    72 FR 63797
Final Rule Effective            01/14/08
Final Rule                      04/00/09

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Barbara Capron, Department of Transportation, Federal 
Aviation Administration, 800 Independence Avenue SW, Washington, DC 
20591
Phone: 202 267-3343
Email: barbara.capron@faa.gov

RIN: 2120-AI78

[[Page 71417]]

_______________________________________________________________________
Department of Transportation (DOT)                    Long-Term Actions
Federal Aviation Administration (FAA)
_______________________________________________________________________

387. [rplus]FLIGHT CREWMEMBER DUTY LIMITATIONS AND REST REQUIREMENTS

Legal Authority: 49 USC 106(g); 49 USC 40113; 49 USC 40119; 49 USC 
44101; 49 USC 44701 to 44703; 49 USC 44705; 49 USC 44709 to 44713; 49 
USC 44715 to 44717; 49 USC 44722; 49 USC 44901; 49 USC 44903 and 44904; 
49 USC 44912

Abstract: This rulemaking would amend the regulations on duty period 
limitations, flight time limitations, and rest requirements for flight 
crewmembers engaged in air transportation. The changes would respond to 
the need to ensure that the rules will continue to provide the minimum 
level of safety. This rulemaking responds to public and congressional 
interest in regulating flight crewmember rest requirements, NTSB Safety 
Recommendations, petitions for rulemaking, and scientific data. This 
action is considered significant because of substantial public 
interest. The FAA is considering proposing additional changes in 
response to comments received on the NPRM.

Timetable: Next Action Undetermined

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Larry Youngblut, Flight Standards Service, Department 
of Transportation, Federal Aviation Administration, 800 Independence 
Avenue SW, Washington, DC 20951
Phone: 202 267-9360
Email: larry.youngblut@faa.gov

RIN: 2120-AI93
_______________________________________________________________________
Department of Transportation (DOT)                    Completed Actions
Federal Aviation Administration (FAA)
_______________________________________________________________________

388. [rplus]TRANSPORT AIRPLANE FUEL TANK FLAMMABILITY REDUCTION

Legal Authority: 49 USC 106(g); 49 USC 40113; 49 USC 44701 and 44702; 
49 USC 44704

Abstract: This rulemaking would require that flammability reduction 
means be incorporated into existing airplanes, newly manufactured 
airplanes, and new designs. It establishes new design standards for 
future and pending applications for type certification as well as new 
operating rules for retrofitting existing airplanes.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            11/23/05                    70 FR 70922
Notice of Availability and 
Request for Comments            02/15/06                     71 FR 8045
NPRM Comment Period Extended    03/21/06                    71 FR 14122
NPRM Comment Period End         03/23/06
Notice of Availability and 
Request for Comments            04/03/06                    71 FR 16611
Notice of Public Meeting        04/03/06                    71 FR 16611
Notice Comment Period End       05/08/06
NPRM Extended Comment Period End05/08/06
Notice Comment Period End       03/23/08
Final Rule; Request for Comments07/21/08                    73 FR 42444
Final Rule Effective            09/19/08
Final Rule Comment Period End   01/20/09

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Mike Dostert, Federal Aviation Administration, 
Department of Transportation, Federal Aviation Administration, 1601 
Lind Avenue SW, Renton, WA 98055-4056
Phone: 425 227-2132
Fax: 425 227-1320
Email: mike.dostert@faa.gov

RIN: 2120-AI23
_______________________________________________________________________

389. [rplus]GENERAL OPERATING AND FLIGHT RULES (COMPLETION OF A SECTION 
610 REVIEW)

Legal Authority: 49 USC 106(g); 49 USC 1155; 49 USC 40103; 49 USC 
40113; 49 USC 40120; 49 USC 44101; 49 USC 44111; 49 USC 44701; 49 USC 
44704; 49 USC 44709; 49 USC 44711; 49 USC 44712; 49 USC 44715; 49 USC 
44716; 49 USC 44717; 49 USC 44722; 49 USC 46306; 49 USC 46315; 49 USC 
46316; 49 USC 46504; 49 USC 46506 and 46507; 49 USC 47122; 49 USC 
47508; 49 USC 47528 to 47531; 61 Stat 1180 articles 12 and 29

Abstract: The FAA conducted a review under section 610 of the 
Regulatory Flexibility Act for part 91, and RIN 2120-AJ13 has been 
added to the Agenda to reflect this review. Part 91 governs the 
operation of aircraft within the United States, including the waters 
within 3 nautical miles of the U.S. coast.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

End Review                      10/02/06

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Thomas C. Smith, Office of Aviation Policy and Plans, 
Department of Transportation, Federal Aviation Administration, 800 
Independence Avenue SW, Washington, DC 20591
Phone: 202 267-3289
Email: thomas.c.smith@faa.gov

RIN: 2120-AJ13
_______________________________________________________________________

390.  EXTENDED OPERATIONS (ETOPS) OF MULTI-ENGINE 
AIRPLANES

Legal Authority: 49 USC 106(g); 49 USC 40113; 49 USC 40119; 49 USC 
41706; 49 USC 44101; 49 USC 44701 and 44702; 49 USC 44705; 49 USC 44709 
to 44711; 49 USC 44713; 49 USC 44716 and 44717; 49 USC 44722; 49 USC 
44901; 49 USC 44903 and 44904; 49 USC 44912; 49 USC 45101 to 45105; 49 
USC 46105; 49 USC 46301

Abstract: This rule would amend the rule language applicable to the 
qualifications required by a person who must certify by signature the 
pre-departure service check for ETOPS flights.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Final Rule: Immediately Adopted 06/16/08                    73 FR 33879
Final Rule Effective            06/16/08

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Robert Reich, Department of Transportation, Federal 
Aviation Administration, 800 Independence Avenue SW, Washington, DC 
20591

[[Page 71418]]

Phone: 202 267-7262
Email: robert.reich@faa.gov

RIN: 2120-AJ26
BILLING CODE 4910--13--S
_______________________________________________________________________
Department of Transportation (DOT)                  Proposed Rule Stage
Federal Motor Carrier Safety Administration (FMCSA)
_______________________________________________________________________

391. [rplus]UNIFIED REGISTRATION SYSTEM

Legal Authority: PL 104-88; 109 Stat. 803, 888 (1995); 49 USC 13908; 
Sec. 4304 of PL 109-159

Abstract: This rulemaking would replace three current identification 
and registration systems: the US DOT number identification system, the 
commercial registration system, and the financial responsibility 
system, with an online Federal unified registration system. This 
program would serve as a clearinghouse and depository of information 
on, and identification of, brokers, freight forwarders, and others 
required to register with the Department of Transportation. The Agency 
is revising this rulemaking to address amendments directed by SAFETEA-
LU. The replacement system for the Single State Registration System, 
which the ICC Termination Act originally directed be merged under URS, 
will be addressed separately.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           08/26/96                    61 FR 43816
ANPRM Comment Period End        10/25/96
NPRM                            05/19/05                    70 FR 28990
NPRM Comment Period End         08/17/05
Supplemental NPRM               09/00/09

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Valerie Height, Management Analyst, Department of 
Transportation, Federal Motor Carrier Safety Administration, Office of 
Policy Plans and Regulation (MC-PRR), 1200 New Jersey Avenue SE, 
Washington, DC 20590
Phone: 202 366-0901
Email: valerie.height@dot.gov

RIN: 2126-AA22
_______________________________________________________________________

392. [rplus]NATIONAL REGISTRY OF CERTIFIED MEDICAL EXAMINERS

 Regulatory Plan: This entry is Seq. No. 92 in part II of this issue of 
the Federal Register.

RIN: 2126-AA97
_______________________________________________________________________
Department of Transportation (DOT)                     Final Rule Stage
Federal Motor Carrier Safety Administration (FMCSA)
_______________________________________________________________________

393. [rplus]NEW ENTRANT SAFETY ASSURANCE PROCESS

Legal Authority: 49 USC 31144; PL 106-159, sec 210; 113 Stat 1748 
(1999); PL 107-87, sec 350

Abstract: This rulemaking would change the New Entrant Safety Assurance 
Process by raising the standard of compliance for passing the new 
entrant safety audit. It also would make clarifying changes to some of 
the existing new entrant regulations. The rule also proposes a separate 
application procedure and safety oversight system for non-North 
America-domiciled motor carriers. The proposed rule would improve the 
Agency's ability to identify at-risk new entrant carriers and would 
ensure deficiencies in basic safety management controls are corrected 
before the new entrant is granted permanent registration. These changes 
would not impose additional operational requirements on any new entrant 
carrier. All new entrants would continue to receive educational 
information on how to comply with the safety regulations and be given 
an opportunity to correct any deficiencies found. FMCSA recognizes many 
new entrants are small businesses that are unaware of these 
requirements and continue to need our assistance.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Interim Final Rule (IFR)        05/13/02                    67 FR 31978
IFR Comment Period End          07/12/02
IFR Effective                   01/01/03
NPRM                            12/21/06                    71 FR 76730
NPRM Comment Period End         02/20/07
Final Rule                      12/00/08

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Stephanie Haller, Enforcement and Compliance Division, 
Department of Transportation, Federal Motor Carrier Safety 
Administration, 1200 New Jersey Avenue SE, Washington, DC 20590
Phone: 202 366-0178
Email: stephanie.haller@dot.gov

RIN: 2126-AA59
_______________________________________________________________________

394. [rplus]REQUIREMENTS FOR INTERMODAL EQUIPMENT PROVIDERS AND MOTOR 
CARRIERS AND DRIVERS OPERATING INTERMODAL EQUIPMENT

Legal Authority: 49 USC 31136; 49 USC 31151; 49 USC 31502; sec 4118, PL 
109-59 (2005)

Abstract: This rulemaking would require entities that offer intermodal 
container chassis for transportation in interstate commerce to: file a 
Motor Carrier Identification Report (Form MCS-150); display a USDOT 
identification number on each chassis offered for such transportation; 
establish a systematic inspection, repair, and maintenance program to 
ensure the safe operating condition of each chassis offered for 
transportation and maintain documentation of the program; and provide a 
means for effectively responding to driver and motor carrier complaints 
about the condition of intermodal container chassis. The rulemaking is 
considered significant because of substantial industry and 
congressional interest and

[[Page 71419]]

because it involves other departmental modes. It is required by 
SAFETEA-LU.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            12/21/06                    71 FR 76796
NPRM Comment Period End         03/21/07
Comment Period Extended         04/13/07                    72 FR 18615
End Extended Comment Period     05/21/07
Final Rule                      12/00/08

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Deborah M. Freund, Senior Transportation Specialist, 
Department of Transportation, Federal Motor Carrier Safety 
Administration, 1200 New Jersey Avenue SE, Washington, DC 20590
Phone: 202 366-4325
Email: deborah.freund@dot.gov

RIN: 2126-AA86
_______________________________________________________________________

395. INTERSTATE VAN OPERATIONS

Legal Authority: sec 4136 of PL 109-59 (2005)

Abstract: This rulemaking would make the requirements concerning driver 
qualifications; driving of CMVs; parts and accessories necessary for 
safe operations; hours of service; and inspection, repair, and 
maintenance applicable to the operation of vehicles designed or used to 
transport between 9 and 15 passengers (including the driver) for direct 
compensation, in interstate commerce, regardless of the distance 
traveled. Currently the safety regulations apply to such vans when the 
vehicle is operated beyond a 75 air-mile radius of the driver's work 
reporting location. This action is in response to SAFETEA-LU.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Final Rule                      03/00/09

Regulatory Flexibility Analysis Required: Yes

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-AA98
_______________________________________________________________________

396. [rplus]COMMERCIAL DRIVER'S LICENSE TESTING AND COMMERCIAL LEARNER'S 
PERMIT STANDARDS

 Regulatory Plan: This entry is Seq. No. 94 in part II of this issue of 
the Federal Register.

RIN: 2126-AB02
_______________________________________________________________________
Department of Transportation (DOT)                    Long-Term Actions
Federal Motor Carrier Safety Administration (FMCSA)
_______________________________________________________________________

397. [rplus]SAFETY MONITORING SYSTEM AND COMPLIANCE INITIATIVE FOR 
MEXICO-DOMICILED MOTOR CARRIERS OPERATING IN THE UNITED STATES

Legal Authority: 49 USC 113, 504, and 521(b)(5)(A); 49 USC 5113, 31136, 
31144, and 31502; sec 350 of PL 107-87

Abstract: This rule would implement a safety monitoring system and 
compliance initiative designed to evaluate the continuing safety 
fitness of all Mexico-domiciled carriers within 18 months after 
receiving a provisional Certificate of Registration or provisional 
authority to operate in the United States. It also would establish 
suspension and revocation procedures for provisional Certificates of 
Registration and operating authority, and incorporate criteria to be 
used by FMCSA in evaluating whether Mexico-domiciled carriers exercise 
basic safety management controls. The interim rule included 
requirements that were not proposed in the NPRM but which are necessary 
to comply with the FY-2002 DOT Appropriations Act. On January 16, 2003, 
the Ninth Circuit Court of Appeals remanded this rule, along with two 
other NAFTA-related rules, to the agency, requiring a full 
environmental impact statement and an analysis required by the Clean 
Air Act. On June 7, 2004, the Supreme Court reversed the Ninth Circuit 
and remanded the case, holding that FMCSA is not required to prepare 
the environmental documents. FMCSA is waiting for Interim Final Rule 
experience after the border opens before deciding what to do next on 
this rulemaking. FMCSA originally planned to publish a final rule by 
November 28, 2003.

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
IFR Comment Period End          04/18/02
IFR 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: Milt Schmidt, Chief, North American Borders Division, 
Department of Transportation, Federal Motor Carrier Safety 
Administration, 1200 New Jersey Avenue SE, Washington, DC 20590
Phone: 202 366-4049
Email: milt.schmidt@dot.gov

RIN: 2126-AA35
BILLING CODE 4910--EX--S

[[Page 71420]]

_______________________________________________________________________
Department of Transportation (DOT)                  Proposed Rule Stage
National Highway Traffic Safety Administration (NHTSA)
_______________________________________________________________________

398. EARLY WARNING REPORTING INFORMATION

Legal Authority: 49 USC 30166

Abstract: This rulemaking would amend certain provisions of the early 
warning reporting (EWR) rule published pursuant to the Transportation 
Recall, Enhancement, Accountability and Documentation (TREAD) Act. This 
rulemaking would modify the threshold for submitting quarterly EWR 
reports for some manufacturers and add new requirements to maintain the 
consistency of the EWR data from quarter to quarter.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            01/00/09

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Christina Morgan, Chief, Early Warning Reporting, 
Department of Transportation, National Highway Traffic Safety 
Administration, 1200 New Jersey Avenue SE, Washington, DC 20590
Phone: 202 366-4238
Email: tina.morgan@dot.gov

RIN: 2127-AK28
_______________________________________________________________________
Department of Transportation (DOT)                    Completed Actions
National Highway Traffic Safety Administration (NHTSA)
_______________________________________________________________________

399. UPGRADE OF SCHOOL BUS PASSENGER PROTECTION

Legal Authority: 15 USC 1392

Abstract: This rulemaking would address issues to improve passenger 
protection on school buses. The Transportation Equity Act for the 21st 
Century (TEA-21) directed a study be conducted to assess occupant 
safety on school buses. The National Highway Traffic Safety 
Administration described their findings in an April 2002 Report to 
Congress. As a result of this study, NHTSA stated that it was 
considering changes to the existing Federal motor vehicle safety 
standards, including increasing the seat back height to reduce the 
potential for passenger override in the event of a crash; requiring 
small school buses to have lap/shoulder belt restraints; assuring 
proper lap/shoulder belt fit for all school bus passenger sizes; and 
developing standardized test procedures for voluntarily installed lap/
shoulder belts.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            11/21/07                    72 FR 65509
NPRM Comment Period End         01/22/08
Final Action                    10/21/08                    73 FR 62744
Final Action Effective          04/10/09

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Charles Hott, Safety Standards Engineer, Department of 
Transportation, National Highway Traffic Safety Administration, 1200 
New Jersey Avenue SE, Washington, DC 20590
Phone: 202 366-0247
Email: charles.hott@dot.gov

RIN: 2127-AK09
BILLING CODE 4910--59--S
_______________________________________________________________________
Department of Transportation (DOT)                  Proposed Rule Stage
Federal Transit Administration (FTA)
_______________________________________________________________________

400. BUS TESTING: PHASE-IN OF BRAKE PERFORMANCE AND EMISSIONS TESTING, 
AND PROGRAM UPDATES (SECTION 610 REVIEW)

Legal Authority: 49 USC 5318(a)

Abstract: This rulemaking would modify the Bus Testing rule to 
incorporate tests for brake performance and emissions. This rulemaking 
would also update and clarify the existing regulation found at 49 CFR 
665.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            09/30/08                    73 FR 56781
NPRM Comment Period End         12/01/08

Regulatory Flexibility Analysis Required: No

Agency Contact: Richard Wong, Attorney Advisor, Department of 
Transportation, Federal Transit Administration, 1200 New Jersey Avenue 
SE, Washington, DC 20590
Phone: 202 366-6067
Fax: 202 366-3809
Email: richard.wong@dot.gov

RIN: 2132-AA95
_______________________________________________________________________

401. BUY AMERICA; PETITION FOR RULEMAKING (SECTION 610 REVIEW)

Legal Authority: 49 USC 5323(j)

Abstract: This rulemaking would address the treatment of bi-metallic 
aluminum rail under FTA's Buy America rule. Presently, both running 
rail (carrying the weight of the train) and power rail (carrying the 
electric power supply) are treated alike under the Buy America 
regulation, i.e., all rail products must be produced in the United 
States, including all manufacturing processes, except metallurgical 
processes involving refinement of steel additives. During its recent 
Buy America rulemaking, FTA received several requests to classify bi-
metallic aluminum rail as ``traction power equipment.'' Such a move 
would subject bi-metallic aluminum rail to a 60/40 percent domestic/
non-domestic content requirement, provided that final assembly takes 
place in the United States.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            11/00/08

Regulatory Flexibility Analysis Required: No

Agency Contact: Richard Wong, Attorney Advisor, Department of 
Transportation, Federal Transit Administration, 1200 New Jersey Avenue 
SE, Washington, DC 20590
Phone: 202 366-6067
Fax: 202 366-3809

[[Page 71421]]

Email: richard.wong@dot.gov

RIN: 2132-AA99
_______________________________________________________________________

402. SCHOOL BUS OPERATIONS (SECTION 610 REVIEW)

Legal Authority: 49 USC 5323(f)

Abstract: This rulemaking would amend the regulations that govern the 
provision of services to school students and personnel by recipients of 
Federal funds from the Federal Transit Administration for consistency 
with the statutory provisions enacted by SAFETEA-LU regarding penalties 
for violations of the regulations. This rulemaking would also clarify 
the existing requirements for differentiating permissible services from 
prohibited services to school students and personnel.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

NPRM                            11/00/08

Regulatory Flexibility Analysis Required: No

Agency Contact: Elizabeth S Martineau, Attorney Advisor, Department of 
Transportation, Federal Transit Administration, 1200 New Jersey Avenue 
SE, Washington, DC 20590
Phone: 202 366-1936
Fax: 202 366-3809

RIN: 2132-AB00
_______________________________________________________________________
Department of Transportation (DOT)                    Long-Term Actions
Federal Transit Administration (FTA)
_______________________________________________________________________

403. [rplus]MAJOR CAPITAL INVESTMENT PROJECTS--NEW/SMALL STARTS

Legal Authority: PL 109-59, sec 3011

Abstract: This rulemaking would establish a simplified evaluation 
process for projects seeking less than $75 million in New Starts funds. 
The rule will set out FTA's evaluation and rating process for proposed 
projects based on the results of project justification and local 
financial commitment. This action is mandated by SAFETEA-LU. At this 
time, the 2008 Appropriations Act prohibits a Final Rule.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

ANPRM                           01/30/06                     71 FR 4864
ANPRM Comment Period End        03/10/06
NPRM                            08/03/07                    72 FR 43328
NPRM Comment Period End         11/01/07


Next Action Undetermined

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Christopher VanWyk, Attorney Advisor, Department of 
Transportation, Federal Transit Administration, 1200 New Jersey Avenue 
SE, Washington, DC 20590
Phone: 202 366-1733
Email: christopher.vanwyk@dot.gov

RIN: 2132-AA81
BILLING CODE 4910--57--S
_______________________________________________________________________
Department of Transportation (DOT)                     Final Rule Stage
Pipeline and Hazardous Materials Safety Administration (PHMSA)
_______________________________________________________________________

404. [rplus]HAZARDOUS MATERIALS: ENHANCING RAIL TRANSPORTATION SAFETY 
AND SECURITY FOR HAZARDOUS MATERIALS SHIPMENTS

Legal Authority: 49 USC 5101 to 5127

Abstract: In consultation with the Federal Railroad Administration 
(FRA), PHMSA would revise the current requirements on the safe and 
secure transportation of hazardous materials transported in commerce by 
rail. It may require rail carriers to (1) compile annual data on 
certain shipments of hazardous materials and use the data to analyze 
safety and security risks along rail transportation routes where those 
materials are transported; (2) assess alternative routing options and 
make routing decisions based on those assessments; and (3) clarify the 
current security plan requirements to address en route storage and 
delays in transit.
This rulemaking was scheduled to have a final rule published by 12/24/
2007. However, to address matters raised by the Implementing 
Recommendations of the 9/11 Commission Act of 2007 (Pub.L110-53, 121 
Stat. 266), PHMSA will first issue the rule as an IFR.

Timetable:
________________________________________________________________________

Action                            Date                      FR Cite

________________________________________________________________________

Request for Comments            08/10/04                    69 FR 50987
Comment Period End              10/18/04
NPRM                            12/21/06                    71 FR 76834
NPRM Comment Period End         02/20/07
Interim Final Rule              04/16/08                    73 FR 20751
Interim Final Rule Effective    06/01/08
Final Rule                      11/00/08

Regulatory Flexibility Analysis Required: Yes

Agency Contact: Susan Gorsky, Senior Regulations Specialist, Department 
of Transportation, Pipeline and Hazardous Materials Safety 
Administration, 1200 New Jersey Avenue SE, Washington, DC 20590
Phone: 202 366-8553
Email: susan.gorsky@dot.gov

RIN: 2137-AE02
[FR Doc. E8-21238 Filed 11-21-08; 8:45 am]

BILLING CODE 4910-60-S
