[Federal Register Volume 88, Number 35 (Wednesday, February 22, 2023)]
[Unknown Section]
[Pages 11258-11276]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-02031]



[[Page 11257]]

Vol. 88

Wednesday,

No. 35

February 22, 2023

Part XIII





Department of Transportation





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Semiannual Regulatory Agenda

Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / 
UA: Reg Flex Agenda

[[Page 11258]]


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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

14 CFR Chs. I-III

23 CFR Chs. I-III

33 CFR Chs. I and IV

46 CFR Chs. I-III

48 CFR Ch. 12

49 CFR Subtitle A, Chs. I-VI, and Chs. X-XII

[DOT-OST-1999-5129]


Department Regulatory and Deregulatory Agenda; Semiannual Summary

AGENCY: Office of the Secretary, DOT.

ACTION: Unified Agenda of Federal Regulatory and Deregulatory Actions 
(Regulatory Agenda).

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SUMMARY: The Regulatory Agenda is a semiannual summary of all current 
and projected rulemakings, reviews of existing regulations, and 
completed actions of the Department of Transportation. The Agenda 
provides the public information about the Department of 
Transportation's planned regulatory activity for the next 12 months. 
This information enables the public to participate in the Department's 
regulatory process. The public is encouraged to submit comments on any 
aspect of this Agenda.

FOR FURTHER INFORMATION CONTACT: 

General

    Please direct all general comments and inquiries on the Agenda to 
Daniel Cohen, Assistant General Counsel for Regulation, Office of the 
General Counsel, Department of Transportation, 1200 New Jersey Avenue 
SE, Washington, DC 20590; (202) 366-4702.

Specific

    Please direct all comments and inquiries relative to specific items 
in the Agenda to the individual listed for the regulation or the 
general rulemaking contact person for the operating administration in 
Appendix B.

Table of Contents

Supplementary Information:
Background
Significant/Priority Rulemakings
Explanation of Information on the Agenda
Request for Comments
Purpose
Appendix A--Instructions for Obtaining Copies of Regulatory 
Documents
Appendix B--General Rulemaking Contact Persons
Appendix C--Public Rulemaking Dockets
Appendix D--Review Plans for Section 610 and Other Requirements

SUPPLEMENTARY INFORMATION: 

Background

    The U.S. Department of Transportation (Department or DOT) issues 
regulations to make our transportation system safer for all people, 
grow an inclusive and sustainable economy, reduce inequities across our 
transportation systems and the communities they affect, help tackle the 
climate crisis, and spur research and innovation.
    To achieve these goals in accordance with Executive Order 12866, 
``Regulatory Planning and Review,'' (58 FR 51735; Oct. 4, 1993), the 
Department prepares a semiannual Agenda. The Agenda summarizes all 
current and projected rulemakings, reviews of existing regulations, and 
completed actions of the Department. These are matters on which action 
has begun or is projected to begin during the next 12 months or for 
which action has been completed since the publication of the last 
Agenda in the fall of 2021.
    The Department has issued the National Roadway Safety Strategy, 
which outlines the Department's comprehensive plan to significantly 
reduce serious injuries and deaths on our Nation's highways, roads, and 
streets. This is the first step in the ambitious long-term goal of 
reaching zero roadway fatalities. The Department is currently working 
on a number of rulemakings to help achieve this goal. For example, 
NHTSA is working to facilitate the deployment of new technology, such 
as automatic emergency braking systems, in certain vehicles to improve 
the safety of our Nation's roads.
    The Department is also moving to rapidly implement the provisions 
of the Bipartisan Infrastructure Law (BIL).\1\ For example, FHWA is 
currently working on a BIL-required rulemaking to establish minimum 
standards and requirements for the implementation of a program that 
will result in a national network of 500,000 electric vehicle charging 
stations by 2030.
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    \1\ Infrastructure Investment and Jobs Act, Public Law 117-58 
(2021).
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    To help address climate change, the Department is working on 
rulemakings such as a NHTSA rule to enhance fuel economy for trucks and 
heavy-duty engines and vehicles. This rulemaking is in addition to 
other recently-completed NHTSA rules that, in aggregate, establish more 
stringent fuel economy standards. Similarly, PHMSA is preparing to 
enhance requirements for detecting and repairing leaks on new and 
existing natural gas distribution, gas transmission, and gas gathering 
pipelines.
    The Department is also developing rules increasing access to our 
transportation system for individuals with disabilities and thereby 
advancing equity in transportation. For example, OST is developing a 
rulemaking to enhance the safety of air travel for individuals who use 
wheelchairs and rely on the physical assistance of airline personnel or 
contractors.
    The Department is also working on several consumer protection 
regulations. For example, OST is developing a rule that would amend 
DOT's aviation consumer protection program to ensure that, at the time 
of ticket purchase, consumers have ancillary fee information, including 
baggage and change fees.

Explanation of Information in the Agenda

    An Office of Management and Budget memorandum, dated September 2, 
2022, establishes the format for this Agenda.
    First, the Agenda is divided by initiating office. Then, the Agenda 
is divided into five categories: (1) prerule stage; (2) proposed rule 
stage; (3) final rule stage; (4) long-term actions; and (5) completed 
actions. For each entry, the Agenda provides the following information: 
(1) its ``significance''; (2) a short, descriptive title; (3) its legal 
basis; (4) the related regulatory citation in the Code of Federal 
Regulations; (5) any legal deadline and, if so, for what action (e.g., 
NPRM, final rule); (6) an abstract; (7) a timetable, including the 
earliest expected date for when a rulemaking document may publish; (8) 
whether the rulemaking will affect small entities and/or levels of 
Government and, if so, which categories; (9) whether a Regulatory 
Flexibility Act (RFA) analysis is required (for rules that would have a 
significant economic impact on a substantial number of small entities); 
(10) a listing of any analyses an office will prepare or has prepared 
for the action (with minor exceptions, DOT requires an economic 
analysis for all its rulemakings); (11) an agency contact office or 
official who can provide further information; (12) a Regulation 
Identifier Number (RIN) assigned to identify an individual rulemaking 
in the Agenda and facilitate tracing further action on the issue; (13) 
whether the action is subject to the Unfunded Mandates Reform Act; (14) 
whether the action is subject to the Energy Act; and

[[Page 11259]]

(15) whether the action is major under the congressional review 
provisions of the Small Business Regulatory Enforcement Fairness Act.
    To keep the operational requirements, current 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), 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 
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 decided to issue a document; it is the 
earliest date on which a rulemaking document may publish. In addition, 
these dates are based on current schedules. Information received after 
the issuance of this Agenda could result in a decision not to take 
regulatory action or in changes to proposed publication dates. For 
example, the need for further evaluation could result in a later 
publication date; evidence of a greater need for the regulation could 
result in an earlier publication date.
    Finally, a dot () preceding an entry indicates that the 
entry appears in the Agenda for the first time.
    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. However, a 
portion of the Agenda is published in the Federal Register because the 
Regulatory Flexibility Act (5 U.S.C. 602) mandates publication for the 
regulatory flexibility agenda.
    Accordingly, 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.

Request for Comments

General

    DOT's Agenda is intended primarily for the use of the public. Since 
its inception, the Department has made modifications and refinements 
that provide the public with more helpful information, as well as 
making the Agenda easier to use. We would like you, the public, to make 
suggestions or comments on how the Agenda could be further improved.

Regulatory Flexibility Act

    The Department is 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 the Department, along with your explanation of 
why they should be reviewed.
    In accordance with the Regulatory Flexibility Act, comments are 
specifically invited on regulations that we have targeted for review 
under section 610 of the Act. The phrase (sec. 610 Review) appears at 
the end of the title for these reviews. Please see appendix D for the 
Department's section 610 review plans.

Consultation With State, Local, and Tribal Governments

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

Purpose

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

    Dated: January 11, 2023.
John Putnam,
General Counsel, Department of Transportation.

Appendix A--Instructions for Obtaining Copies of Regulatory Documents

    To obtain a copy of a specific regulatory document in the 
Agenda, you should communicate directly with the contact person 
listed with the regulation at the address below. We note that most, 
if not all, such documents, including the Semiannual Regulatory 
Agenda, are available through the internet at http://www.regulations.gov. See appendix C for more information.

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--Brandon Roberts, Executive Director, Office of Rulemaking, 
800 Independence Avenue SW, Washington, DC 20591; telephone (202) 
267-9677.
    FHWA--Jennifer Outhouse, Office of Chief Counsel, 1200 New 
Jersey Avenue SE, Washington, DC 20590; telephone (202) 366-0761.
    FMCSA--Crystal Williams, Regulatory Ombudsman, 1200 New Jersey 
Avenue SE, Washington, DC 20590; telephone (202) 366-2904.
    NHTSA--Terrence Sommers, Office of Chief Counsel, 1200 New 
Jersey Avenue SE, Washington, DC 20590; telephone (202) 366-7577.
    FRA--Amanda Maizel, Office of Chief Counsel, 1200 New Jersey 
Avenue SE, Washington, DC 20590; telephone (202) 493-8014.
    FTA--Chaya Koffman, Office of Chief Counsel, 1200 New Jersey 
Avenue E, Washington, DC 20590; telephone (202) 366-3101.

[[Page 11260]]

    GLS--Carrie Mann Lavigne, Chief Counsel, 180 Andrews Street, 
Massena, NY 13662; telephone (315) 764-3200.
    PHMSA--Robert Ross, Office of Chief Counsel, 1200 New Jersey 
Avenue SE, Washington, DC 20590; telephone (202) 768-1365.
    MARAD--Gabriel Chavez, Office of Chief Counsel, Maritime 
Administration, 1200 New Jersey Avenue SE, Washington, DC 20590; 
telephone (202) 366-2621.
    OST--Daniel Cohen, Assistant General Counsel for Regulation, 
1200 New Jersey Avenue SE, Washington, DC 20590; telephone (202) 
366-4723.

Appendix C--Public Rulemaking Dockets

    All comments submitted via the internet are submitted through 
http://www.regulations.gov. This website 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.

Appendix D--Review Plans for Section 610 and Other Requirements

    The Department of Transportation has long recognized the 
importance of regularly reviewing its existing regulations to 
determine whether they need to be revised or revoked. Our Regulatory 
Policies and Procedures require such reviews. DOT also has 
responsibilities under section 610 of the Regulatory Flexibility 
Act, Executive Order 12866, ``Regulatory Planning and Review,'' and 
Executive Order 13563, ``Improving Regulation and Regulatory 
Review,'' 76 FR 3821 (January 18, 2011) to conduct such reviews. We 
are committed to continuing our reviews of existing rules and, if it 
is needed, will initiate rulemaking actions based on these reviews. 
Generally, each DOT operating administration divides its rules into 
10 different groups and plans to analyze one group each year. In 
each Fall Agenda, the operating administration will publish the 
results of the analyses it has completed during the previous year.

Appendix D--Review Plans for Section 610 and Other Requirements

Part I--The Plan

General

    The Department of Transportation has long recognized the 
importance of regularly reviewing its existing regulations to 
determine whether they need to be revised or revoked. Our Regulatory 
Policies and Procedures require such reviews. DOT also has 
responsibilities under section 610 of the Regulatory Flexibility 
Act, Executive Order 12866, ``Regulatory Planning and Review,'' and 
Executive Order 13563, ``Improving Regulation and Regulatory 
Review,'' 76 FR 3821 (January 18, 2011) to conduct such reviews. We 
are committed to continuing our reviews of existing rules and, if it 
is needed, will initiate rulemaking actions based on these reviews. 
The Department began a new 10-year review cycle with the Fall 2018 
Agenda.

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'' (SEISNOSE). It also requires that we publish in the 
Federal Register each year a list of any such rules that we will 
review during the next year. The Office of the Secretary and each of 
the Department's Operating Administrations have a 10-year review 
plan. These reviews comply with section 610 of the Regulatory 
Flexibility Act.

Changes to the Review Plan

    Some reviews may be conducted earlier than scheduled. For 
example, 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. Most agencies provide 
historical information about the reviews that have occurred over the 
past 10 years. Thus, Year 1 (2018) begins in the fall of 2018 and 
ends in the fall of 2019; Year 2 (2019) begins in the fall of 2019 
and ends in the fall of 2020, and so on. The exception to this 
general rule is the FAA, which provides information about the 
reviews it completed for this year and prospective information about 
the reviews it intends to complete in the next 10 years. Thus, for 
FAA Year 1 (2017) begins in the fall of 2017 and ends in the fall of 
2018; Year 2 (2018) begins in the fall of 2018 and ends in the fall 
of 2019, 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 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 each year's group 
to determine whether any rule has a SEISNOSE 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 the Department 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 SEISNOSE, 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 SEISNOSE, we will announce that we will be 
conducting a formal section 610 review during the following 12 
months. At this stage, DOT will add an entry to the Agenda in the 
pre-rulemaking section describing the review in more detail. We also 
will seek public comment on how best to lessen the impact of these 
rules and provide a name or docket to which public comments can be 
submitted. In some cases, the section 610 review may be part of 
another unrelated review of the rule. In such a case, we plan to 
clearly indicate which parts of the review are being conducted under 
section 610.

Other Reviews

    The agency will also examine the specified rules to determine 
whether any other reasons exist for revising or revoking the rule or 
for rewriting the rule in plain language. In each Fall Agenda, the 
agency will also publish information on the results of the 
examinations completed during the previous year.

Part III--List of Pending Section 610 Reviews

    The Agenda identifies the pending DOT section 610 Reviews by 
inserting ``(Section 610 Review)'' after the title for the specific 
entry. For further information on the pending reviews, see the 
Agenda entries at www.reginfo.gov. For example, to obtain a list of 
all entries that are in section 610 Reviews under the Regulatory 
Flexibility Act, a user would select the desired responses on the 
search screen (by selecting ``advanced search'') and, in effect, 
generate the desired ``index'' of reviews.

Office of the Secretary

Section 610 and Other Reviews

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                     Year                          Regulations to be reviewed      Analysis year    Review year
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1.............................................  49 CFR parts 91 through 99......            2018            2019
                                                14 CFR parts 200 through 212....

[[Page 11261]]

 
                                                48 CFR parts 1201 through 1224..
2.............................................  48 CFR parts 1227 through 1253              2019            2020
                                                 and new parts and subparts.
3.............................................  14 CFR parts 213 through 232....            2020            2021
4.............................................  14 CFR parts 234 through 254....            2021            2022
5.............................................  14 CFR parts 255 through 298 and            2022            2023
                                                 49 CFR part 40.
6.............................................  14 CFR parts 300 through 373....            2023            2024
7.............................................  14 CFR parts 374 through 398....            2024            2025
8.............................................  14 CFR part 399 and 49 CFR parts            2025            2026
                                                 1 through 15.
9.............................................  49 CFR parts 17 through 28......            2026            2027
10............................................  49 CFR parts 29 through 39 and              2027            2028
                                                 parts 41 through 89.
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Year 10 (Fall 2018) List of Rules Analyzed and Summary of Results

49 CFR part 30--Denial of Public Works Contracts to Suppliers of 
Goods and Services of Countries that Deny Procurement Market Access 
to U.S. Contractors

     Section 610: OST conducted a Section 610 review of this 
part and found no SEISNOSE.
     General: No changes are needed. These regulations are 
cost effective and impose the least burden. OST's plain language 
review of these rules indicates no need for substantial revision.

49 CFR part 31--Program Fraud Civil Remedies

     Section 610: OST conducted a Section 610 review of this 
part and found no SEISNOSE.
     General: No changes are needed. These regulations are 
cost effective and impose the least burden. OST's plain language 
review of these rules indicates no need for substantial revision.

49 CFR part 37--Transportation Services for Individuals with 
Disabilities (ADA)

     The U.S. Department of Transportation (DOT) Office of 
the Secretary (OST), with the assistance of its Operating 
Administrations, including the Federal Transit Administration (FTA), 
is in the process of issuing multiple rulemakings that call for 
changes to the regulatory language in 49 CFR part 37. Specifically, 
OST is administering a rulemaking titled: ``Transportation for 
Individuals with Disabilities; Service Animals and Technical 
Corrections'' (RIN 2105-AF08) which would propose changes to the 
definition of ``service animal'' in 49 CFR part 37.3, and several 
other technical corrections to outdated provisions, such as that 
referencing a make and model of a lift that has been out of 
production for three decades (49 CFR part 37.165(g)). In addition, 
OST is developing a rulemaking titled ``Equitable Access to Transit 
Facilities'' (RIN 2105-AF07) in which DOT would consider 
requirements for secondary elevators, induction loops, and 
improvements in wayfinding in transit stations. In conjunction with 
these pending rulemakings, DOT will need to conduct a section 610 
review of this part, and, if appropriate, initiate additional 
rulemaking(s) to minimize the SEISNOSE, bring the regulation into 
compliance with statutory requirements, and/or revise the regulation 
for plain language.

49 CFR part 38--Americans with Disabilities Act (ADA) Accessibility 
Specifications for Transportation Vehicles

     The U.S. Department of Transportation (DOT) Office of 
the Secretary (OST), with the assistance of its Operating 
Administrations, including the Federal Transit Administration (FTA), 
is in the process of issuing a rulemaking that calls for changes to 
the regulatory language in 49 CFR part 38. Specifically, OST is 
developing a rulemaking titled: ``Transportation for Individuals 
with Disabilities; Adoption of Accessibility Standards for Buses and 
Vans'' (RIN 2105-AF09) in order to consider new standards for 
accessible buses and vans based on updated accessibility guidelines 
issued by the U.S. Access Board (USAB) on December 14, 2016. In 
conjunction with this pending rulemaking, OST will need to conduct a 
Section 610 review of this part, and, if appropriate, initiate 
additional rulemaking(s) to minimize the SEISNOSE, bring the 
regulation into compliance with statutory requirements, and/or 
revise the regulation for plain language.

49 CFR part 39--Transportation for Individuals with Disabilities: 
Passenger Vessels

     Section 610: The U.S. Department of Transportation 
(DOT) Office of the Secretary (OST) conducted a section 610 review 
of this part and found SEISNOSE. The regulation requires owners and 
operators of passenger vessels to (1) ensure their vessels and 
related facilities are accessible; and (2) take steps to accommodate 
passengers with disabilities. These requirements can entail 
significant investments from owners and operators of passenger 
vessels, many of whom qualify as small businesses as defined by the 
U.S. Small Business Administration. OST plans to explore whether it 
is appropriate to initiate a rulemaking to revise this regulation to 
minimize the SEISNOSE.
     General: The definition of ``service animal'' contained 
in 49 CFR 39.3 is inconsistent with the amendments made by the 
Department of Justice (DOJ) on July 23, 2010, (see 28 CFR 35.104 and 
35.136), as well as the definition under DOT's Air Carrier Access 
Act regulations (see 14 CFR 382.3), as amended on December 10, 2020. 
The current requirement under 49 CFR 39.3 defines service animals as 
``any guide dog, signal dog, or other animal individually trained to 
work or perform tasks for an individual with a disability.'' DOJ 
defines a service animal in terms of ``any dog that is individually 
trained to do work or perform tasks for the benefit of an individual 
with a disability, including a physical, sensory, psychiatric, 
intellectual, or other mental disability'' (see 28 CFR 35.104) 
(emphasis added). And under 28 CFR 35.136(i), reasonable 
modifications in policy and practices must be made where necessary 
to accommodate miniature horses as service animals. As such, failure 
to update this regulation will leave the passenger vessel industry 
subject to accommodating unusual service animals, such as reptiles 
and primates. On the other hand, updating the definition of 
``service animal'' under 49 CFR 39.3 will ensure consistency across 
Federal regulations, which is essential to removing the confusion 
that results for individuals with service animals when different 
standards apply to different public facilities and modes of 
transportation. OST has already recognized the need to update the 
``service animal'' definition contained in 49 CFR 37.3 for the 
aforementioned reasons and is in the process of developing a 
rulemaking titled: ``Transportation for Individuals with 
Disabilities; Service Animals and Technical Corrections'' (RIN 2105-
AF08) in order to make the necessary change.
    In addition, 49 CFR 39.31 addresses the ability of passenger 
vessel owners or operators to limit access to or use of their 
vessels because a passenger has a communicable disease. The 
regulation permits owners or operators to limit access or use where: 
(1) a U.S. or international public health authority has determined 
that persons with a particular condition should not be permitted to 
travel or should travel only under specified conditions; or (2) an 
individual has a condition that is both readily transmissible by 
casual contact in the context of traveling on or using a passenger 
vessel and has serious health consequences. The regulation provides 
examples of conditions that passengers may have (e.g., a common 
cold, HIV/AIDS, SARS, or a norovirus) and the appropriate actions 
(if any) that passenger vessel owners or operators may take in 
response. However, the regulation does not address how passenger 
vessel owners or operators should handle passengers with the novel 
Coronavirus Disease 2019 (COVID-19). Given the ubiquity of the virus 
and its likely presence and impact in the future, the regulation 
should be revised to expressly address COVID-19 in the example 
section.
    As a result, OST will need to conduct a rulemaking to bring this 
regulation into compliance with the statutory requirements and to 
bring consistency to the regulatory regime governing different modes 
of transportation. OST's plain language review

[[Page 11262]]

of this regulation indicates no need for substantial revision.
    It is also worth noting that the U.S. Access Board (USAB) is in 
the process of developing guidelines under the Americans with 
Disabilities Act (ADA) for access to ferries, cruise ships, 
excursion boats, and other large passenger vessels. Those guidelines 
have not been finalized yet, however, and OST proposes incorporating 
only final guidelines into DOT's regulations.

49 CFR part 71--Standard Time Zone Boundaries

     Section 610: OST has reviewed these regulations and 
found no SEISNOSE.
     General: OST has reviewed these regulations and found 
that some nonsubstantive technical corrections are needed. OST is 
exploring initiating a rulemaking to make these corrections.

49 CFR part 79--Medals of Honor

     Section 610: The U.S. Department of Transportation 
(DOT) Office of the Secretary (OST) conducted a Section 610 review 
of this part and found no SEISNOSE.
     General: No changes are needed. These regulations are 
cost effective and impose the least burden. OST's plain language 
review of these rules indicates no need for substantial revision.

Year 1 (Fall 2018) List of Rules That Are Under Ongoing Analysis

     Section 610: OST conducted a Section 610 review of this 
part and found no SEISNOSE.
     General: Since the rule was enacted, the DOT Operating 
Administrations have changed. As a result, the agencies listed at 49 
CFR 92.5(g)--Definitions should be revised to:
    (g) DOT operating element (see 49 CFR 1.3) means a DOT Operating 
Administration including--
    (1) The Office of the Secretary.
    (2) Federal Aviation Administration.
    (3) Federal Highway Administration.
    (4) Federal Railroad Administration.
    (5) National Highway Traffic Safety Administration.
    (6) Office of the Inspector General.
    (7) St. Lawrence Seaway Development Corporation.
    (8) Maritime Administration.
    OST will be conducting a rulemaking to make these revisions. 
These regulations are cost effective and impose the least burden. 
OST's plain language review of these rules indicates no need for 
substantial revision.

49 CFR part 93--Aircraft Allocation
49 CFR part 98--Enforcement of Restrictions on Post-Employment 
Activities

     Section 610: OST conducted a Section 610 review of this 
part and found no SEISNOSE.
     General: Since the rule was enacted, the U.S. 
Department of Transportation's organizational structure changed, and 
as a result the list of DOT Operating Administrations (OAs) listed 
in 49 CFR 98.2 must be updated to reflect the current listing of DOT 
OAs. The following changes are needed in 49 CFR 89.2(a): (1) 
references to the U.S. Coast Guard (at 49 CFR 98.2(a)(1)), Urban 
Mass Transportation Administration (at 49 CFR 98.2(a)(6),and 
Research and Special Programs Administration (at 49 CFR 98.2(a)(8) 
should be deleted; (2) reference to the Saint Lawrence Seaway 
Development Corporation at 49 CFR 98.2(a)(7) should be changed to 
the Great Lakes Saint Lawrence Seaway Development Corporation; and 
(3) references to the Federal Motor Carrier Safety Administration, 
Federal Transit Administration, and Pipeline and Hazardous Materials 
Safety Administration should be added. In addition, since the rule 
was enacted, the title of the Assistant General Counsel for 
Environmental, Civil Rights, and General Law has been updated to the 
Assistant General Counsel for General Law, so the following changes 
are needed in 49 CFR 98.3 and 98.4: references to the Assistant 
General Counsel for Environmental, Civil Rights, and General Law 
should be updated to the Assistant General Counsel for General Law. 
OST's plain language review of these rules indicates no need for 
substantial revision.

49 CFR part 99--Employee Responsibilities and Conduct

     Section 610: OST conducted a Section 610 review of this 
part and found no SEISNOSE.
     General: No changes are needed. These regulations are 
cost effective and impose the least burden. OST's plain language 
review of these rules indicates no need for substantial revision.

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
48 CFR part 1201--Federal Acquisition Regulations System
48 CFR part 1202--Definitions of Words and Terms
48 CFR part 1203--Improper Business Practices and Personal Conflicts 
of Interest
48 CFR part 1204--Administrative Matters
48 CFR part 1205--Publicizing Contract Actions
48 CFR part 1206--Competition Requirements
48 CFR part 1207--Acquisition Planning
48 CFR part 1208-1210--[Reserved]
48 CFR part 1211--Describing Agency Needs
48 CFR part 1213--Simplified Acquisition Procedures
48 CFR part 1214--Sealed Bidding
48 CFR part 1215--Contracting by Negotiation
48 CFR part 1216--Types of Contracts
48 CFR part 1217--Special Contracting Methods
48 CFR part 1219--Small Business Programs
48 CFR part 1222--Application of Labor Laws to Government 
Acquisitions
48 CFR part 1223--Environment, Energy and Water Efficiency, 
Renewable Energy Technologies, Occupational Safety, and Drug-Free 
Workplace
48 CFR part 1224--Protection of Privacy and Freedom of Information

Year 2 (Fall 2019) List of Rules Analyzed and Summary of Results

48 CFR parts 1227 through 1253 and new parts and subparts
48 CFR part 1227--Patents, Data, and Copyrights
48 CFR part 1228--Bonds and Insurance
48 CFR part 1231--Contract Costs Principles and Procedures
48 CFR part 1232--Contract Financing
48 CFR part 1233--Protests, Disputes, and Appeals
48 CFR part 1235--Research and Development Contracting
48 CFR part 1236--Construction and Architect-Engineer Contracts
48 CFR part 1237--Service Contracting
48 CFR part 1239--Acquisition of Information Technology
48 CFR part 1242--Contract Administration and Audit Services
48 CFR part 1245--Government Contracting
48 CFR part 1246--Quality Assurance
48 CFR part 1247--Transportation
48 CFR part 1252--Solicitation Provisions and Contract Clauses
48 CFR part 1253--Forms

    DOT determined that updates needed to be made to the regulations 
identified under Year 2. The regulations were updated as part of RIN 
2105-AE26 (Revisions to the Transportation Acquisition Regulations).

Year 3 (Fall 2020) List of Rules Analyzed and Summary of Results

14 CFR parts 213 through 232
14 CFR 213--Terms, Conditions and Limitations of Foreign Air Carrier 
Permits

    Section 610: OST conducted a Section 610 review of this part and 
found no SEISNOSE.
    General: No changes are needed. These regulations are cost 
effective and impose the least burden.

14 CFR 214--Terms, Conditions, and Limitations for Foreign Air 
Carrier Permits Authorizing Charter Transportation Only

     Section 610: OST conducted a Section 610 review of this 
part and found no SEISNOSE.
     General: No changes are needed. These regulations are 
cost effective and impose the least burden.

14 CFR 215--Use and Change of Names of Air Carriers, Foreign Air 
Carriers and Commuter Air Carriers

    Section 610: OST conducted a Section 610 review of this part and 
found no SEISNOSE.
    General: No changes are needed. These regulations are cost 
effective and impose the least burden.

14 CFR 216--Commingling of Blind Sector Traffic by Foreign Air 
Carriers

    Section 610: OST conducted a Section 610 review of this part and 
found no SEISNOSE.

[[Page 11263]]

    General: No changes are needed. These regulations are cost 
effective and impose the least burden.

14 CFR 218--Lease by Foreign Air Carrier or Other Foreign Person of 
Aircraft with Crew

    Section 610: OST conducted a Section 610 review of this part and 
found no SEISNOSE.
    General: No changes are needed. These regulations are cost 
effective and impose the least burden.

14 CFR 221--TARIFFS

    Section 610: OST conducted a Section 610 review of this part and 
found no SEISNOSE.
    General: OST reviewed and has found that a non-substantive 
technical correction is necessary and will explore options to make 
this correction.

14 CFR 222--Intermodal Cargo Services by Foreign Air Carriers

    Section 610: OST conducted a Section 610 review of this part and 
found no SEISNOSE.
    General: No changes are needed. These regulations are cost 
effective and impose the least burden.

14 CFR 223--Free and Reduced-Rate Transportation

    Section 610: OST conducted a Section 610 review of this part and 
found no SEISNOSE.
    General: No changes are needed. These regulations are cost 
effective and impose the least burden.

Year 4 (Fall 2021) List of Rules Analyzed and Summary of Results

14 CFR parts 234 through 254
14 CFR 234--Airline Service Quality Performance Reports

    Section 610: OST conducted a Section 610 review of this part and 
found no SEISNOSE.
    General: OST's review revealed some outdated references and rule 
text in Part 234. In addition, improvements to portions of the rule 
text are needed for plain language. Since the Department last 
amended Part 234, it has received feedback from airlines and others 
on the Part 234 requirements addressing airline reporting of 
cancelled and delayed flights, airline categorization of 
cancellations and delays, and airline reporting of mishandled 
baggage data, which the Department is considering. The Department 
has initiated two rulemakings to evaluate changes to Part 234, 
``Improving Accuracy of Flight Cancellation Reporting'' (2105-AE68) 
and ``Reporting of Data for Mishandled Baggage and Wheelchairs and 
Scooters Transported in Aircraft Cargo Compartments II'' (RIN: 2105-
AE77).

14 CFR 235--Reports by Air Carriers on Incidents Involving Animals 
During Air Transportation

    Section 610: OST conducted a Section 610 review of this part and 
found no SEISNOSE.
    General: No changes are needed. These regulations are cost 
effective and impose the least burden.

14 CFR 240--Inspections of Accounts and Property

    Section 610: OST conducted a Section 610 review of this part and 
found no SEISNOSE.
    General: Update required to reflect office name change from 
``Office of Aviation Enforcement and Proceedings'' to ``Office of 
Aviation Consumer Protection'' in section 240.1(b). Updates should 
be considered to section 240.1(c) credential language and section 
240.2 to permit DOT access to physical facilities of ticket agents: 
authorization is granted to enter/inspect physical property of 
carriers (but not explicitly ticket agents) while authorization to 
copy documents/records extends to both ticket agents and carriers

14 CFR 241--Uniform System of Accounts and Reports for Large 
Certificated Air Carriers

    Section 610: OST conducted a Section 610 review of this part and 
found no SEISNOSE.
    General: No changes are needed. These regulations are cost 
effective and impose the least burden.

14 CFR 243--Passenger Manifest Information

    Section 610: OST conducted a Section 610 review of this part and 
found no SEISNOSE.
    General: No changes are needed. These regulations are cost 
effective and impose the least burden.

14 CFR 244--Reporting Tarmac Delay Data

    Section 610: OST conducted a Section 610 review of this part and 
found no SEISNOSE.
    General: OST reviewed and has found that a non-substantive 
technical correction is necessary and will explore options to make 
this correction.

14 CFR 247--Direct Airport-to-Airport Mileage Records

    Section 610: OST conducted a Section 610 review of this part and 
found no SEISNOSE.
    General: No changes are needed. These regulations are cost 
effective and impose the least burden.

14 CFR 248--Submission of Audit Reports

    Section 610: OST conducted a Section 610 review of this part and 
found no SEISNOSE.
    General: No changes are needed. These regulations are cost 
effective and impose the least burden.

14 CFR 249--Preservation of Air Carrier Records

    Section 610: OST conducted a Section 610 review of this part and 
found no SEISNOSE.
    General: No changes are needed. These regulations are cost 
effective and impose the least burden.

14 CFR 250--Oversales

    Section 610: OST conducted a Section 610 review of this part and 
found no SEISNOSE.
    General: No changes are needed. These regulations are cost 
effective and impose the least burden.

14 CFR 251--Carriage of Musical Instruments

    Section 610: OST conducted a Section 610 review of this part and 
found no SEISNOSE.
    General: No changes are needed. These regulations are cost 
effective and impose the least burden.

14 CFR 252--Smoking Aboard Aircraft

    Section 610: OST conducted a Section 610 review of this part and 
found no SEISNOSE.
    General: No changes are needed. These regulations are cost 
effective and impose the least burden.

14 CFR 253--Notice of Terms of Contract of Carriage

    Section 610: OST conducted a Section 610 review of this part and 
found no SEISNOSE.
    General: No changes are needed. These regulations are cost 
effective and impose the least burden.

14 CFR 254--Domestic Baggage Liability

    Section 610: OST conducted a Section 610 review of this part and 
found no SEISNOSE.
    General: No changes are needed. These regulations are cost 
effective and impose the least burden.

Federal Aviation Administration

Section 610 and Other Reviews

    The Federal Aviation Administration (FAA) has elected to use the 
two-step, two-year process used by most Department of Transportation 
(DOT) modes in past plans. As such, the FAA has divided its rules 
into 10 groups as displayed in the table below. During the first 
year (the ``analysis year''), all rules published during the 
previous 10 years within a 10% block of the regulations will be 
analyzed to identify those with a significant economic impact on a 
substantial number of small entities (SEISNOSE). During the second 
year (the ``review year''), each rule identified in the analysis 
year as having a SEISNOSE will be reviewed in accordance with 
section 610 (b) to determine if it should be continued without 
change or changed to minimize impact on small entities. Results of 
those reviews will be published in the DOT Semiannual Regulatory 
Agenda.

----------------------------------------------------------------------------------------------------------------
                     Year                          Regulations to be reviewed      Analysis year    Review year
----------------------------------------------------------------------------------------------------------------
1.............................................  14 CFR parts 141 through 147 and            2020            2021
                                                 parts 170 through 187.
2.............................................  14 CFR parts 189 through 198 and            2021            2022
                                                 parts 1 through 16.
3.............................................  14 CFR parts 17 through 33......            2022            2023
4.............................................  14 CFR parts 34 through 39 and              2023            2024
                                                 parts 400 through 405.
5.............................................  14 CFR parts 43 through 49 and              2024            2025
                                                 parts 406 through 415.
6.............................................  14 CFR parts 60 through 77......            2025            2026
7.............................................  14 CFR parts 91 through 107.....            2026            2027
8.............................................  14 CFR parts 417 through 460....            2027            2028
9.............................................  14 CFR parts 119 through 129 and            2028            2029
                                                 parts 150 through 156.
10............................................  14 CFR parts 133 through 139 and            2029            2030
                                                 parts 157 through 169.
----------------------------------------------------------------------------------------------------------------


[[Page 11264]]

Defining SEISNOSE for FAA Regulations

    The RFA does not define ``significant economic impact.'' 
Therefore, there is no clear rule or number to determine when a 
significant economic impact occurs. However, the Small Business 
Administration (SBA) states that significance should be determined 
by considering the size of the business, the size of the 
competitor's business and the impact the same regulation has on 
larger competitors.
    Likewise, the RFA does not define ``substantial number.'' 
However, the legislative history of the RFA suggests that a 
substantial number must be at least one but does not need to be an 
overwhelming percentage such as more than half. The SBA states that 
the substantiality of the number of small businesses affected should 
be determined on an industry-specific basis.
    This analysis consisted of the following three steps:
    1. Review of the number of small entities affected by the 
amendments to parts 141 through 147 and parts 170 through 187.
    2. Identification and analysis of all amendments to parts 141 
through 147 and parts 170 through 187 since July 2010 to determine 
whether any still have or now have a SEISNOSE.
    3. Review of the FAA's regulatory flexibility assessment of each 
amendment performed as required by the RFA.

Year 2 (Fall 2021) List of Rules Analyzed

14 CFR part 1--Definitions and abbreviations
14 CFR part 3--General requirements
14 CFR part 11--General rulemaking procedures
14 CFR part 13--Investigative and enforcement procedures
14 CFR part 14--Rules implementing the Equal Access to Justice Act 
of 1980
14 CFR part 15--Administrative claims under Federal Tort Claims Act
14 CFR part 16--Rules of practice for Federally-assisted airport 
enforcement proceedings
14 CFR part 189--Use of Federal Aviation Administration 
communications system
14 CFR part 193--Protection of voluntarily submitted information
14 CFR part 198--Aviation insurance

Year 1 (Fall 2020) List of Rules Analyzed and Summary of Results

14 CFR part 141--Pilot Schools
14 CFR part 142--Training Centers
14 CFR part 143--Reserved
14 CFR part 144--Does not exist
14 CFR part 145--Repair Stations
14 CFR part 146--Does not exist
14 CFR part 147--Aviation Maintenance Technician Schools
14 CFR part 170--Establishment and Discontinuance Criteria for Air 
Traffic Control Services and Navigational Facilities
14 CFR part 171--Non-Federal Navigation Facilities
14 CFR part 172--Through 182 Does not exist
14 CFR part 183--Representatives of the Administrator
14 CFR part 184--Does not exist

Year 1 (2020) List of Rules Analyzed and Summary of Results

14 CFR part 141--Pilot Schools

     Section 610: The agency conducted a Section 610 review 
of this part and found no SEISNOSE.
     General: No changes are needed.

14 CFR part 142--Training Centers

     Section 610: The agency conducted a Section 610 review 
of this part and found no SEISNOSE.
     General: No changes are needed.

14 CFR part 145--Repair Stations

     Section 610: The agency conducted a Section 610 review 
of this part and found no SEISNOSE.
     General: No changes are needed.

14 CFR part 147--Aviation Maintenance Technician Schools

     Section 610: The agency conducted a Section 610 review 
of this part and found no SEISNOSE.
     General: No changes are needed.

14 CFR part 170--Establishment and Discontinuance Criteria for Air 
Traffic Control Services and Navigational Facilities

     Section 610: The agency conducted a Section 610 review 
of this part and found no SEISNOSE.
     General: No changes are needed.

14 CFR part 171: Non-Federal Navigational Facilities

     Section 610: The agency conducted a Section 610 review 
of this part and found no amendments to 14 CFR 185 since July 2010. 
Thus, no SEISNOSE exists in this part.
     General: No changes are needed.

14 CFR part 183: Representatives of the Administrator

     Section 610: The agency conducted a Section 610 review 
of this part and found no SEISNOSE.
     General: No changes are needed.

14 CFR part 185: Testimony by Employees and Production of Records in 
Legal Proceedings, and Service of Legal Process and Pleadings

     Section 610: The agency conducted a section 610 review 
of this part and found no amendments to 14 CFR 185 since July 2010. 
Thus, no SEISNOSE exists in this part.
     General: No changes are needed.

14 CFR part 187: Fees

     Section 610: The agency conducted a section 610 review 
of this part and found no SEISNOSE.
     General: No changes are needed.

Federal Highway Administration

Section 610 and Other Reviews

------------------------------------------------------------------------
                         Regulations to
         Year              be reviewed     Analysis year    Review year
------------------------------------------------------------------------
1.....................  None............            2018            2019
2.....................  23 CFR parts 1              2019            2020
                         to 260.
3.....................  23 CFR parts 420            2020            2021
                         to 470.
4.....................  23 CFR part 500.            2021            2022
5.....................  23 CFR parts 620            2022            2023
                         to 637.
6.....................  23 CFR parts 645            2023            2024
                         to 669.
7.....................  23 CFR parts 710            2024            2025
                         to 924.
8.....................  23 CFR parts 940            2025            2026
                         to 973.
9.....................  23 CFR parts                2026            2027
                         1200 to 1252.
10....................  New parts and               2027            2028
                         subparts.
------------------------------------------------------------------------

Federal-Aid Highway Program

    The Federal Highway Administration (FHWA) has adopted 
regulations in title 23 of the CFR, chapter I, related to the 
Federal-Aid Highway Program. These regulations implement and carry 
out the provisions of Federal law relating to the administration of 
Federal aid for highways. The primary law authorizing Federal aid 
for highways is chapter I of title 23 of the U.S.C. 145, which 
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 construction and other work related to 
highways. Because the regulations in title 23 primarily relate to 
States, which are not defined as small entities under the Regulatory 
Flexibility Act, the FHWA believes that its regulations in title 23 
do not have a significant economic impact on a substantial number of 
small entities. The FHWA solicits public comment on this preliminary 
conclusion.

Year 4 (Fall 2021) List of Rules Analyzed and a Summary of the Results

23 CFR part 500--Management and Monitoring Systems

     Section 610: No SEISNOSE. No small entities are 
affected.
     General: Section 1519(b) of the Moving Ahead for 
Progress in the 21st Century (MAP-21) Act (Pub. L. 112-141) repealed 
section 23 U.S.C. 303, which is the statutory basis for this 
regulation. FHWA plans on removing these obsolete regulations from 
Part

[[Page 11265]]

23, Code of Federal Regulations, as part of its rulemaking in RIN 
2125-AF96.

Year 5 (Fall 2022) List of Rules That Will Be Analyzed During the Next 
Year

23 CFR part 620--Engineering
23 CFR part 625--Design Standards for Highways
23 CFR part 626--Pavement Policy
23 CFR part 627--Value Engineering
23 CFR part 630--Preconstruction Procedures
23 CFR part 633--Required Contract Provisions
23 CFR part 635--Construction and Maintenance
23 CFR part 636--Design-build Contracting
23 CFR part 637--Construction Inspection and Approval

Federal Motor Carrier Safety Administration

Section 610 and Other Reviews

------------------------------------------------------------------------
                         Regulations to
         Year              be reviewed     Analysis year    Review year
------------------------------------------------------------------------
1.....................  49 CFR part 386.            2018            2019
2.....................  49 CFR part 385.            2019            2020
3.....................  49 CFR parts 382            2020            2021
                         and 383.
4.....................  49 CFR part 380.            2021            2022
5.....................  49 CFR part 387.            2022            2023
6.....................  49 CFR part 398.            2023            2024
7.....................  49 CFR part 392.            2024            2025
8.....................  49 CFR part 375.            2025            2026
9.....................  49 CFR part 367.            2026            2027
10....................  49 CFR part 395.            2027            2028
------------------------------------------------------------------------

Year 4 (2021) List of Rules With Ongoing Analysis

49 CFR part 380--Special Training Requirements

    1. Section 610: FMCSA analyzed 49 CFR part 380 but found no 
SEIOSNOSE. 49 CFR part 380 regulates two distinct training-related 
functions. The first presents requirements for longer combination 
vehicles (LCVs) and associated driver instructors; the second 
establishes minimum entry level commercial motor vehicle (CMV) 
training requirements. The major change is the introduction of the 
Entry-Level Driver Training (ELDT) rule which has a compliance date 
of February 7, 2022. The rule was updated to ensure entry-level 
drivers seeking a CDL or a hazardous material (H), passenger (P), or 
school bus (S) endorsement received quality training. Small motor 
carriers and training providers are affected. Entry-level drivers 
are not small entities as defined by the U.S. Small Business 
Administration (SBA) and are therefore not included in the analysis. 
The ELDT rule requires motor carriers to maintain minimal training 
records. Motor carriers and training/educational institutions 
seeking to register on the Training Provider Registry (TPR) as 
training providers will incur some rule-driven administrative costs 
and prudent business-related costs.
    2. General: There is no need for substantial revision. These 
regulations provide necessary/clear guidance to industry employers, 
drivers, and training providers. The regulations are written 
consistent with plain language guidelines, are cost effective, and 
impose the least economic burden to the industry.

Year 5 (2022) List of Rules That Will Be Analyzed During the Year

49 CFR part 387--Minimum Levels of Financial Responsibility for 
Motor Carriers.

National Highway Traffic Safety Administration

Section 610 and Other Reviews

------------------------------------------------------------------------
                         Regulations to
         Year              be reviewed     Analysis year    Review year
------------------------------------------------------------------------
1.....................  49 CFR 571.223              2018            2019
                         through
                         571.500, and
                         parts 575 and
                         579.
2.....................  23 CFR part 1300            2019            2020
3.....................  49 CFR parts 501            2020            2021
                         through 526 and
                         571.213.
4.....................  49 CFR 571.131,             2021            2022
                         571.217,
                         571.220,
                         571.221, and
                         571.222.
5.....................  49 CFR 571.101              2022            2023
                         through
                         571.110, and
                         571.135,
                         571.136,
                         571.138 and
                         571.139.
6.....................  49 CFR 571.141,             2023            2024
                         and 49 CFR
                         parts 529
                         through 578,
                         except parts
                         571 and 575.
7.....................  49 CFR 571.111              2024            2025
                         through 571.129
                         and parts 580
                         through 588.
8.....................  49 CFR 571.201              2025            2026
                         through 571.212.
9.....................  49 CFR 571.214              2026            2027
                         through
                         571.219, except
                         571.217.
10....................  49 CFR parts 591            2027            2028
                         through 595 and
                         new parts and
                         subparts.
------------------------------------------------------------------------

Years 1 Through 3 (Fall 2019-2021) List of Rules With Ongoing Analysis

49 CFR part 571.213--Child Restraint Systems
49 CFR part 571.223--Rear Impact Guards
49 CFR part 571.224--Rear Impact Protection
49 CFR part 571.225--Child Restraint Anchorage Systems
49 CFR part 571.226--Ejection Mitigation
49 CFR part 571.301--Fuel System Integrity
49 CFR part 571.302--Flammability of Interior Materials
49 CFR part 571.303--Fuel System Integrity of Compressed Natural Gas 
Vehicles
49 CFR part 571.304--Compressed Natural Gas Fuel Container Integrity
49 CFR part 571.305--Electric-Powered Vehicles: Electrolyte Spillage 
and Electrical Shock Protection
49 CFR part 571.401--Interior Trunk Release
49 CFR part 571.403--Platform Lift Systems for Motor Vehicles
49 CFR part 571.404--Platform Lift Installations in Motor Vehicles
49 CFR part 571.500--Low-Speed Vehicles
49 CFR part 501--Organization and Delegation of Powers and Duties
49 CFR part 509--OMB Control Numbers for Information Collection 
Requirements
49 CFR part 510--Information Gathering Powers
49 CFR part 511--Adjudicative Procedures
49 CFR part 512--Confidential Business Information
49 CFR part 520--Procedures for Considering Environmental Impacts
49 CFR part 523--Vehicle Classification
49 CFR part 525--Exemptions from Average Fuel Economy Standards
49 CFR part 526--Petitions and Plans for Relief under the Automobile 
Fuel Efficiency Act of 1980
49 CFR part 575--Consumer Information
49 CFR part 579--Reporting of Information and Communications About 
Potential Defects
23 CFR part 1200--Uniform Procedures for State Highway Safety Grant 
Programs
23 CFR part 1300--Uniform Procedures for State Highway Safety Grant 
Programs

Year 4 (Fall 2022) List of Rules That Will Be Analyzed During Next Year

49 CFR part 571.131--School Bus Pedestrian Safety Devices
49 CFR part 571.217--Bus Emergency Exits and Window Retention and 
Release
49 CFR part 571.220--School Bus Rollover Protection

[[Page 11266]]

49 CFR part 571.221--School Bus Body Joint Strength
49 CFR part 571.222--School Bus Passenger Seating and Crash 
Protection

Federal Railroad Administration

Section 610 and Other Reviews

------------------------------------------------------------------------
                         Regulations to
         Year              be reviewed     Analysis year    Review year
------------------------------------------------------------------------
1.....................  49 CFR parts                2018            2019
                         200, 207, 209,
                         and 210.
2.....................  49 CFR parts                2019            2020
                         211, 212, 213,
                         214, and 215.
3.....................  49 CFR parts                2020            2021
                         216, 217, 218,
                         219, and 220.
4.....................  49 CFR parts                2021            2022
                         221, 222, 223,
                         224, and 225.
5.....................  49 CFR parts                2022            2023
                         227, 228, 229,
                         230, and 231.
6.....................  49 CFR parts                2023            2024
                         232, 233, 234,
                         235, and 236.
7.....................  49 CFR parts                2024            2025
                         237, 238, 239,
                         240, and 241.
8.....................  49 CFR parts                2025            2026
                         242, 243, 244,
                         250, and 256.
9.....................  49 CFR parts                2026            2027
                         261, 262, 264,
                         266, and 268.
10....................  49 CFR parts                2027            2028
                         269, 270, 271,
                         272, and 273.
------------------------------------------------------------------------

Year 4 (Fall 2021) List of Rules Analyzed and a Summary of Results

49 CFR part 221--Rear End Marking Device--Passenger, Commuter and 
Freight Trains

     Section 610: There is no SEISNOSE.
     General: Since the rule prescribes minimum requirements 
for railroads to equip the rear car of passenger, commuter and 
freight trains with highly visible markers, it provides safety and 
security not only for railroad employees but also for the general 
public. No changes are needed. FRA's plain language review of this 
rule indicates no need for substantial revision.

49 CFR part 222--Use of Locomotive Horns at Public Highway-Rail 
Grade Crossings

     Section 610: There is no SEISNOSE.
     General: The purpose of this rule is to require 
locomotive horn use at public highway-rail grade crossings except in 
quiet zones established and maintained in accordance with this rule. 
FRA's plain language review of this rule indicates no need for 
substantial revision.

49 CFR part 223--Safety Glazing Standards--Locomotives, Passenger 
Cars and Cabooses

     Section 610: There is no SEISNOSE.
     General: The rule provides minimum standards for 
glazing materials and is necessary to protect railroad employees and 
railroad passengers from injury because of objects striking the 
windows of locomotives, passenger cars and cabooses. Proposed 
amendments will reduce the regulatory burden on the railroad 
industry by eliminating the need to continue to use the waiver 
process for relief, while providing the railroad industry with 
regulatory certainty as to the applicability of part 223 to certain 
older equipment. FRA's plain language review of this rule indicates 
no need for substantial revision.

49 CFR part 224--Reflectorization of Rail Freight Rolling Stock

     Section 610: There is no SEISNOSE.
     General: The regulation requires freight rolling stock 
owners and railroads to have all freight rolling properly equipped 
with retroreflective material within 10 years of the effective date 
of the final rule for the purpose of enhancing its detectability at 
highway-rail crossings. Freight rolling stock owners and railroads 
are also required to periodically inspect and maintain that 
material. The rule also established a 10-year implementation 
schedule to help facilitate the initial application of 
retroreflective material to non-reflectorized freight rolling stock. 
Further, the regulation prescribes standards for the application, 
inspection, and maintenance of retroreflective material on rail 
freight rolling. FRA's plain language review of this rule indicates 
no need for revision.

49 CFR part 225--Railroad Accidents/Incidents: Reports 
Classification and Investigations

     Section 610: There is no SEISNOSE. Section 225.3 
specifically states that certain Internal Control Plan and 
recordkeeping requirements are not applicable to railroads below a 
certain size. FRA also makes available a free software package to 
all railroads that would allow for FRA recordkeeping and reporting.
     General: Since FRA needs accurate information on the 
hazards and risks that exist on the nation's railroads to 
effectively carry out its regulatory responsibilities, to determine 
comparative trends of railroad safety, and to develop hazard 
elimination and risk reduction programs that focus on preventing 
railroad injuries and accidents, the requirements set forth in part 
225 will improve railroad safety for industry employees and the 
general public.

Year 5 (Fall 2022) List of Rules(s) That Will Be Analyzed During This 
Year

49 CFR part 227--Occupational Noise Exposure
49 CFR part 228--Passenger Train Employee Hours of Service; 
Recordkeeping and Reporting; Sleeping Quarters
49 CFR part 229--Railroad Locomotive Safety Standards
49 CFR part 230--Steam Locomotive Inspection and Maintenance 
Standards
49 CFR part 231--Railroad Safety Appliance Standards

Federal Transit Administration

Section 610 and Other Reviews

    The Regulatory Flexibility Act of 1980 (RFA), as amended 
(sections 601 through 612 of title 5, United States Code), requires 
Federal regulatory agencies to analyze all proposed and final rules 
to determine their economic impact on small entities, which include 
small businesses, organizations, and governmental jurisdictions. 
Section 610 requires government agencies to periodically review all 
regulations that will have a significant economic impact on a 
substantial number of small entities (SEISNOSE).
    In complying with this section, the Federal Transit 
Administration (FTA) has elected to use the two-step, two-year 
process used by most Department of Transportation (DOT) modes. As 
such, FTA has divided its rules into 10 groups as displayed in the 
table below. During the analysis year, the listed rules will be 
analyzed to identify those with a SEISNOSE. During the review year, 
each rule identified in the analysis year as having a SEISNOSE will 
be reviewed in accordance with section 610(b) to determine if it 
should be continued without change or changed to minimize the impact 
on small entities.

------------------------------------------------------------------------
                         Regulations to
         Year              be reviewed     Analysis year    Review year
------------------------------------------------------------------------
1.....................  49 CFR parts                2018            2019
                         604, 605, and
                         624.
2.....................  49 CFR parts 609            2019            2020
                         and 640.
3.....................  49 CFR part 633.            2020            2021
4.....................  49 CFR part 611.            2021            2022
5.....................  49 CFR part 655.            2022            2023
6.....................  49 CFR parts 602            2023            2024
                         and 614.
7.....................  49 CFR parts 661            2024            2025
                         and 663.
8.....................  49 CFR parts                2025            2026
                         625, 630, and
                         665.
9.....................  49 CFR parts                2026            2027
                         613, 622, 670
                         and 674.
10....................  49 CFR parts                2027            2028
                         650, 672 and
                         673.
------------------------------------------------------------------------


[[Page 11267]]

Year 4 (2021) List of Rules Analyzed and Summary of Results

49 CFR part 633--Project Management Oversight

     Section 610: FTA conducted a Section 610 review of 49 
CFR part 611 and determined that it would not result in a SEISNOSE 
within the meaning of the RFA. The regulation implements the 
statutorily required process that applicants must follow to be 
considered eligible for fixed guideway capital investment grants.
     General: No changes are needed. FTA is currently 
updating its capital investment grant policy guidance pursuant to 49 
U.S.C. 5309(g)(5).

Year 5 (2022) List of Rules To Be Analyzed This Year

49 CFR part 655--Prevention of Alcohol Misuse and Prohibited Drug 
Use in Transit Operations

Maritime Administration

Section 610 and Other Reviews

------------------------------------------------------------------------
                         Regulations to
         Year              be reviewed     Analysis year    Review year
------------------------------------------------------------------------
1.....................  46 CFR parts 201            2018            2019
                         through 205, 46
                         CFR parts 315
                         through 340, 46
                         CFR part 345
                         through 347,
                         and 46 CFR
                         parts 381 and
                         382.
2.....................  46 CFR parts 221            2019            2020
                         through 232.
3.....................  46 CFR parts 249            2020            2021
                         through 296.
4.....................  46 CFR parts                2021            2022
                         221, 298, 308,
                         and 309.
5.....................  46 CFR parts 307            2022            2023
                         through 309.
6.....................  46 CFR part 310.            2023            2024
7.....................  46 CFR parts 315            2024            2025
                         through 340.
8.....................  46 CFR parts 345            2025            2026
                         through 381.
9.....................  46 CFR parts 382            2026            2027
                         through 389.
10....................  46 CFR parts 390            2027            2028
                         through 393.
------------------------------------------------------------------------

Year 1 (2018) List of Rules With Ongoing Analysis

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, as amended
46 CFR part 205--Audit Appeals; Policy and Procedure
46 CFR part 315--Agency Agreements and Appointment of Agents
46 CFR part 317--Bonding of Ship's Personnel
46 CFR part 324--Procedural Rules for Financial Transactions Under 
Agency Agreements
46 CFR part 325--Procedure to Be Followed by General Agents in 
Preparation of Invoices and Payment of Compensation Pursuant to 
Provisions of NSA Order No. 47
46 CFR part 326--Marine Protection and Indemnity Insurance Under 
Agreements with Agents
46 CFR part 327--Seamen's Claims; Administrative Action and 
Litigation
46 CFR part 328--Slop Chests
46 CFR part 329--Voyage Data
46 CFR part 330--Launch Services
46 CFR part 332--Repatriation of Seamen
46 CFR part 335--Authority and Responsibility of General Agents to 
Undertake Emergency Repairs in Foreign Ports
46 CFR part 336--Authority and Responsibility of General Agents to 
Undertake in Continental United States Ports Voyage Repairs and 
Service Equipment of Vessels Operated for the Account of The 
National Shipping Authority Under General Agency Agreement
46 CFR part 337--General Agent's Responsibility in Connection with 
Foreign Repair Custom's Entries
46 CFR part 338--Procedure for Accomplishment of Vessel Repairs 
Under National Shipping Authority Master Lump Sum Repair Contract--
NSA-Lumpsumrep
46 CFR part 339--Procedure for Accomplishment of Ship Repairs Under 
National Shipping Authority Individual Contract for Minor Repairs--
NSA-Workmanship
46 CFR part 340--Priority Use and Allocation of Shipping Services, 
Containers and Chassis, and Port Facilities and Services for 
National Security and National Defense Related Operations
46 CFR part 345--Restrictions Upon the Transfer or Change in Use or 
In Terms Governing Utilization of Port Facilities
46 CFR part 346--Federal Port Controllers
46 CFR part 347--Operating Contract
46 CFR part 381--Cargo Preference--U.S.-Flag Vessels
46 CFR part 382--Determination of Fair and Reasonable Rates for the 
Carriage of Bulk and Packaged Preference Cargoes on U.S.-Flag 
Commercial Vessels

Year 1 (2018) List of Rules Analyzed and a Summary of Results

46 CFR part 204--Claims against the Maritime Administration under 
the Federal Tort Claims Act

     Section 610: There is no SEIOSNOSE.
     General: The purpose of this rule is to prescribe the 
requirements and procedures for administrative claims against the 
United States involving the Maritime Administration under the 
Federal Tort Claims Act. The agency has determined that the rule is 
cost-effective and imposes the least possible burden on small 
entities. MARAD's plain language review of this rule indicates no 
need of substantial revision.

Year 2 (2019) List of Rules Analyzed and a Summary of Results

46 CFR part 221--Regulated Transactions Involving Documented Vessels 
and Other Maritime Interests

     Section 610: There is no SEIOSNOSE.
     General: The purpose of this rule is to govern practice 
and procedure in regulating interest in or control of Documented 
Vessels owned by Citizens of the United States to Noncitizens and 
transactions involving certain maritime interests in time of war or 
national emergency. The agency has determined that the rule is cost-
effective and imposes the least possible burden on small entities. 
MARAD's plain language review of this rule indicates no need of 
substantial revision.

46 CFR 232--Uniform Financial Reporting Requirements

     Section 610: There is no SEIOSNOSE.
     General: The purpose of this rule is to govern practice 
and procedure to all participants in financial assistance programs 
administered by the Maritime Administration. The agency has 
determined that the rule is cost-effective and imposes the least 
possible burden on small entities. MARAD's plain language review of 
this rule indicates no need of substantial revision.

Year 3 (2020) List of Rules That Will Be Analyzed During the Year

46 CFR part 249--Approval of Underwriters for Marine Hull Insurance
46 CFR part 272--Requirements and Procedures for Conducting 
Condition Surveys and Administering Maintenance and Repair Subsidy
46 CFR part 277--Domestic and Foreign Trade; Interpretations
46 CFR part 287--Establishment of Construction Reserve Funds
46 CFR part 289--Insurance of Construction-Differential Subsidy 
Vessels, Operating-Differential Subsidy Vessels and of Vessels Sold 
or Adjusted Under the Merchant Ship Sales Act of 1946
46 CFR part 295--Maritime Security Program
46 CFR part 296--Maritime Security Program

Pipeline and Hazardous Materials Safety Administration (PHMSA)

Section 610 and Other Reviews

[[Page 11268]]



------------------------------------------------------------------------
                         Regulations to
         Year              be reviewed     Analysis year    Review year
------------------------------------------------------------------------
1.....................  49 CFR part 178.            2018            2019
2.....................  49 CFR parts 178            2019            2020
                         through 180.
3.....................  49 CFR parts 172            2020            2021
                         and 175.
4.....................  49 CFR part 171,            2021            2022
                         sections 171.15
                         and 171.16.
5.....................  49 CFR parts                2022            2023
                         106, 107, 171,
                         190, and 195.
6.....................  49 CFR parts                2023            2024
                         174, 177, and
                         199.
7.....................  49 CFR parts                2024            2025
                         176, 191 and
                         192.
8.....................  49 CFR parts 172            2025            2026
                         and 178.
9.....................  49 CFR parts                2026            2027
                         172, 173, 174,
                         176, 177, and
                         193.
10....................  49 CFR parts 173            2027            2028
                         and 194.
------------------------------------------------------------------------

Year 4 (Fall 2022) List of Rules Analyzed and a Summary of Results

49 CFR part 171--General Information, Regulations, Definitions
49 CFR 171.15--Immediate notice of certain hazardous materials 
incidents
49 CFR 171.16--Detailed hazardous materials incident reports

     Section 610: PHMSA conducted a review of this part and 
these sections and found no SEISNOSE.
     General: PHMSA's plain language review of these areas 
indicate no need for substantial revision. These regulations provide 
necessary/clear guidance to stakeholders on the applicability of the 
hazardous materials regulations, use of international transport 
standards, and PHMSA's incident reporting requirements--among other 
provisions. The regulations are written consistent with plain 
language guidelines, are cost effective, and impose the least 
economic burden to the industry.
    For an example, the ``Hazardous Materials: Harmonization With 
International Standards'' (2137-AF46) rulemaking action is part of 
PHMSA's ongoing biennial process to harmonize the Hazardous 
Materials Regulations (HMR) with international regulations and 
standards. Federal law and policy strongly favor the harmonization 
of domestic and international standards for hazardous materials 
transportation. The Federal hazardous materials transportation law 
(Federal hazmat law; 49 U.S.C. 5101 et seq.) directs PHMSA to 
participate in relevant international standard-setting bodies and 
promotes consistency of the HMR with international transport 
standards to the extent practicable. Federal hazardous materials law 
permits PHMSA to depart from international standards where 
appropriate, including to promote safety or other overriding public 
interests. However, Federal hazardous materials law otherwise 
encourages domestic and international harmonization (see 49 U.S.C. 
5120). Harmonization facilitates international trade by minimizing 
the costs and other burdens of complying with multiple or 
inconsistent safety requirements for transportation of hazardous 
materials. Safety is enhanced by creating a uniform framework for 
compliance, and as the volume of hazardous materials transported in 
international commerce continues to grow, harmonization becomes 
increasingly important. The impact that the 2137-AF46 rulemaking 
will have on small entities is not expected to be significant. The 
rulemaking clarified provisions based on PHMSA's initiatives and 
correspondence with the regulated community and domestic and 
international stakeholders, which helps promote safety through 
increased regulatory compliance. The changes were generally intended 
to provide relief and, as a result, positive economic benefits to 
shippers, carriers, and packaging manufacturers and testers, 
including small entities. This rulemaking is expected to lead to 
both economic and safety benefits. The amendments are expected to 
result in net benefits for shippers engaged in domestic and 
international commerce, including trans-border shipments within 
North America. Additionally, the effective changes of this 
rulemaking will relieve U.S. companies, including small entities 
competing in foreign markets, from the burden of complying with a 
dual system of regulations. This rulemaking is an example of PHMSA's 
review of rulemakings which helps ensure that the HMR do not have a 
significant economic impact on a substantial number of small 
entities.

Year 5 (Fall 2023) List of Rules That Will Be Analyzed During the Next 
Year

49 CFR parts 106, 107, 171, 190, and 195

Great Lakes Saint Lawrence Seaway Development Corporation

Section 610 and Other Reviews

------------------------------------------------------------------------
                         Regulations to
         Year              be reviewed     Analysis year    Review year
------------------------------------------------------------------------
1.....................  * 33 CFR parts              2018            2019
                         401 through 403.
------------------------------------------------------------------------
* The review for these regulations is recurring each year of the 10-year
  review cycle (currently 2018 through 2027).

Year 1 (Fall 2018) 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

BILLING CODE 4910-81-P


              Office of the Secretary--Proposed Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
374.......................  ++A Refunding Airline              2105-AF04
                             Tickets and Fees for
                             Delayed Checked Bags and
                             Ancillary Services That
                             are not Provided.
------------------------------------------------------------------------
+ DOT-designated significant regulation.


[[Page 11269]]


               Office of the Secretary--Long-Term Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
375.......................  +Air Transportation                2105-AE57
                             Consumer Protection
                             Requirements for Ticket
                             Agents (Section 610
                             Review).
------------------------------------------------------------------------
+ DOT-designated significant regulation.


               Office of the Secretary--Completed Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
376.......................  Refunding Fees for Delayed         2105-AE53
                             Checked Bags and Unused
                             Ancillary Services.
------------------------------------------------------------------------


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


           Federal Aviation Administration--Long-Term Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
378.......................  +Regulation Of Flight              2120-AJ78
                             Operations Conducted By
                             Alaska Guide Pilots.
379.......................  +Drug and Alcohol Testing          2120-AK09
                             of Certain Maintenance
                             Provider Employees
                             Located Outside of the
                             United States.
380.......................  +Applying the Flight,              2120-AK26
                             Duty, and Rest
                             Requirements to Ferry
                             Flights That Follow
                             Commuter or On-Demand
                             Operations (FAA
                             Reauthorization).
381.......................  +Aircraft Registration and         2120-AK37
                             Airmen Certification Fees.
382.......................  +Helicopter Air Ambulance          2120-AK57
                             Pilot Training and
                             Operational Requirements
                             (HAA II) (FAA
                             Reauthorization).
383.......................  Requirements to File               2120-AK77
                             Notice of Construction of
                             Meteorological Evaluation
                             Towers and Other
                             Renewable Energy Projects
                             (Section 610 Review)
                             (Section 610 Review).
384.......................  +Registration and Marking          2120-AK82
                             Requirements for Small
                             Unmanned Aircraft.
------------------------------------------------------------------------
+ DOT-designated significant regulation.


    Federal Motor Carrier Safety Administration--Proposed Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
385.......................  Self-Insurance Program             2126-AC58
                             Cost Recovery (Section
                             610 Review).
386.......................  Parts and Accessories              2126-AC59
                             Necessary for Safe
                             Operation; Electronic
                             Stability Control
                             (Section 610 Review).
------------------------------------------------------------------------


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


          Federal Railroad Administration--Proposed Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
388.......................  +Train Crew Staffing               2130-AC88
                             (Section 610 Review) (Reg
                             Plan Seq No. 153).
------------------------------------------------------------------------
+ DOT-designated significant regulation. References in boldface appear
  in The Regulatory Plan in part II of this issue of the Federal
  Register.


[[Page 11270]]


            Federal Railroad Administration--Final Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
389.......................  Risk Reduction Program             2130-AC89
                             (Section 610 Review).
------------------------------------------------------------------------


     Saint Lawrence Seaway Development Corporation--Final Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
390.......................  Seaway Regulations and             2135-AA51
                             Rules: Periodic Update,
                             Various Categories
                             (Rulemaking Resulting
                             From a Section 610
                             Review).
391.......................  Tariff of Tolls                    2135-AA52
                             (Rulemaking Resulting
                             From a Section 610
                             Review).
392.......................  Seaway Regulations and             2135-AA53
                             Rules: Periodic Update,
                             Various Categories
                             (Rulemaking Resulting
                             From a Section 610
                             Review).
393.......................  Tariff of Tolls                    2135-AA54
                             (Rulemaking Resulting
                             From a Section 610
                             Review).
------------------------------------------------------------------------


  Pipeline and Hazardous Materials Safety Administration--Proposed Rule
                                  Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
394.......................  +Pipeline Safety: Gas              2137-AF51
                             Pipeline Leak Detection
                             and Repair.
395.......................  +Pipeline Safety: Pipeline         2137-AF52
                             Operational Status.
396.......................  +Pipeline Safety: Safety           2137-AF53
                             of Gas Distribution
                             Pipelines and Other
                             Pipeline Safety
                             Initiatives.
------------------------------------------------------------------------
+ DOT-designated significant regulation.


Pipeline and Hazardous Materials Safety Administration--Final Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
397.......................  +Hazardous Materials:              2137-AF20
                             Enhanced Safety
                             Provisions for Lithium
                             Batteries Transported by
                             Aircraft (FAA
                             Reauthorization Act of
                             2018).
------------------------------------------------------------------------
+ DOT-designated significant regulation.


    Pipeline and Hazardous Materials Safety Administration--Completed
                                 Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
398.......................  +Pipeline Safety:                  2137-AF06
                             Amendments to Parts 192
                             and 195 to require Valve
                             installation and Minimum
                             Rupture Detection
                             Standards.
------------------------------------------------------------------------
+ DOT-designated significant regulation.

DEPARTMENT OF TRANSPORTATION (DOT)

Office of the Secretary (OST)

Proposed Rule Stage

374. ++A Refunding Airline Tickets and Fees for Delayed Checked Bags 
and Ancillary Services That Are Not Provided [2105-AF04]

    Legal Authority: 49 U.S.C. 41712; 49 U.S.C. 40101, 49 U.S.C. 41702
    Abstract: The Department of Transportation has consistently 
interpreted 49 U.S.C. 41712, which prohibits U.S. air carriers, foreign 
air carriers, and ticket agents from engaging in unfair practices in 
the sale of air transportation, to require carriers and ticket agents 
to provide requested refunds to passengers when a carrier cancels or 
significantly changes a flight to, from, or within the United States. 
This rulemaking would clarify that, under the Department's rule 
requiring airlines to provide prompt refunds when ticket refunds are 
due and its rule requiring ticket agents to make refunds promptly when 
service cannot be performed as contracted, carriers and ticket agents 
must provide prompt ticket refunds to passengers when a carrier cancels 
or makes a significant change to a flight. This rulemaking would define 
cancellation and significant change, including addressing whether new 
itineraries involving delays of a certain length or additional stops 
constitute a significant change requiring a refund. This rulemaking 
would also address protections for consumers who are unable to travel 
due to government restrictions. In addition, the rulemaking under RIN 
2105-AE53 has been merged into this rulemaking. As such, this 
rulemaking would also require airlines to refund checked baggage fees 
when they fail to deliver the bags in a timely manner as provided by 
the FAA Extension, Safety and Security Act of 2016, and require 
airlines to promptly provide a refund to a passenger of any ancillary 
fees paid for services that the passenger did not receive as provided 
by the FAA Reauthorization Act of 2018.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   08/22/22  87 FR 51550
NPRM Comment Period End.............   12/00/22  .......................

[[Page 11271]]

 
Final Rule..........................   11/00/23  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Blane A. Workie, Assistant General Counsel, 
Department of Transportation, Office of the Secretary, 1200 New Jersey 
Avenue SE, Washington, DC 20590, Phone: 202 366-9342, Fax: 202 366-
7153, Email: blane.workie@ost.dot.gov.
    RIN: 2105-AF04

DEPARTMENT OF TRANSPORTATION (DOT)

Office of the Secretary (OST)

Long-Term Actions

375. +Air Transportation Consumer Protection Requirements for Ticket 
Agents (Section 610 Review) [2105-AE57]

    Legal Authority: 49 U.S.C. 41712; FAA Reauthorization Act of 2018, 
Sec. 427
    Abstract: This rulemaking would address a number of proposals to 
enhance protections for air travelers and to improve the air travel 
environment. Specifically, this rulemaking would enhance airline 
passenger protections by addressing whether to codify in regulation a 
definition of the term ``ticket agent.'' The rulemaking would also 
consider whether to require large travel agents to adopt minimum 
customer service standards and prohibit the unfair and deceptive 
practice of post-purchase price increases. These issues, previously 
part of a rulemaking known as Airline Pricing Transparency and Other 
Consumer Protection Issues, (2105-AE11) have been separated into this 
proceeding.
    Timetable: Next Action Undetermined.
    Regulatory Flexibility Analysis Required: No.
    Agency Contact: Blane A. Workie, Assistant General Counsel, 
Department of Transportation, Office of the Secretary, 1200 New Jersey 
Avenue SE, Washington, DC 20590, Phone: 202 366-9342, Fax: 202 366-
7153, Email: blane.workie@ost.dot.gov.
    RIN: 2105-AE57

DEPARTMENT OF TRANSPORTATION (DOT)

Office of the Secretary (OST)

Completed Actions

376. Refunding Fees for Delayed Checked Bags and Unused Ancillary 
Services [2105-AE53]

    Legal Authority: Pub. L. 115-254; Pub. L. 114-190
    Abstract: The Department of Transportation (DOT or Department) 
would require airlines to refund checked baggage fees when they fail to 
deliver the bags in a timely manner as provided by the FAA Extension, 
Safety and Security Act of 2016. The Department would also require 
airlines to promptly provide a refund to a passenger of any ancillary 
fees paid for services that the passenger did not receive as provided 
by the FAA Reauthorization Act of 2018. This rulemaking has been merged 
with the rulemaking under RIN 2105-AF04. As such, a combined final rule 
will be issued under RIN 2105-AF04 to address the matters proposed in 
this rulemaking.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
ANPRM...............................   10/31/16  81 FR 75347
ANPRM Comment Period End............   11/30/16  .......................
NPRM................................   07/21/21  86 FR 38420
NPRM Comment Period End.............   09/20/21  .......................
Terminated..........................   10/26/22  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Blane A. Workie, Assistant General Counsel, 
Department of Transportation, Office of the Secretary, 1200 New Jersey 
Avenue SE, Washington, DC 20590, Phone: 202 366-9342, Fax: 202 366-
7153, Email: blane.workie@ost.dot.gov.
    RIN: 2105-AE53

DEPARTMENT OF TRANSPORTATION (DOT)

Federal Aviation Administration (FAA)

Final Rule Stage

377. +Airport Safety Management System [2120-AJ38]

    Legal Authority: 49 U.S.C. 44706; 49 U.S.C. 106(g); 49 U.S.C. 
40113; 49 U.S.C. 44701 to 44706; 49 U.S.C. 44709; 49 U.S.C. 44719
    Abstract: This rulemaking would require certain airport certificate 
holders to develop, implement, maintain, and adhere to a safety 
management system (SMS) for its aviation related activities. An SMS is 
a formalized approach to managing safety by developing an organization-
wide safety policy, developing formal methods of identifying hazards, 
analyzing and mitigating risk, developing methods for ensuring 
continuous safety improvement, and creating organization-wide safety 
promotion strategies.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   10/07/10  75 FR 62008
NPRM Comment Period Extended........   12/10/10  75 FR 76928
NPRM Comment Period End.............   01/05/11  .......................
End of Extended Comment Period......   03/07/11  .......................
Second Extension of Comment Period..   03/07/11  76 FR 12300
End of Second Extended Comment         07/05/11  .......................
 Period.
Second NPRM.........................   07/14/16  81 FR 45871
Second NPRM Comment Period End......   09/12/16  .......................
Final Rule..........................   12/00/22  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: James Schroeder, Office of Airport Safety and 
Standards, Department of Transportation, Federal Aviation 
Administration, 800 Independence Avenue SW, Washington, DC 20591, 
Phone: 202 267-4974, Email: james.schroeder@faa.gov.
    RIN: 2120-AJ38

DEPARTMENT OF TRANSPORTATION (DOT)

Federal Aviation Administration (FAA)

Long-Term Actions

378. +Regulation of Flight Operations Conducted by Alaska Guide Pilots 
[2120-AJ78]

    Legal Authority: 49 U.S.C. 106(g); 49 U.S.C. 1153; 49 U.S.C. 1155; 
49 U.S.C. 40101 to 40103; 49 U.S.C. 40113; 49 U.S.C. 40120; 49 U.S.C. 
44101; 49 U.S.C. 44105 to 44016; 49 U.S.C. 44111; 49 U.S.C. 44701 to 
44717; 49 U.S.C. 44722; 49 U.S.C. 44901; 49 U.S.C. 44903 to 44904; 49 
U.S.C. 44906; 49 U.S.C. 44912; 49 U.S.C. 44914; 49 U.S.C. 44936; 49 
U.S.C. 44938; 49 U.S.C. 46103; 49 U.S.C. 46105; 49 U.S.C. 46306; 49 
U.S.C. 46315 to 46316; 49 U.S.C. 46504; 49 U.S.C. 46506 to 46507; 49 
U.S.C. 47122; 49 U.S.C. 47508; 49

[[Page 11272]]

U.S.C. 47528 to 47531; Articles 12 and 29 of 61 Statue 1180; Pub. L. 
106-181, Sec. 732
    Abstract: The rulemaking would establish regulations concerning 
Alaska guide pilot operations. The rulemaking would implement 
Congressional legislation and establish additional safety requirements 
for the conduct of these operations. The intended effect of this 
rulemaking is to enhance the level of safety for persons and property 
transported in Alaska guide pilot operations. In addition, the 
rulemaking would add a general provision applicable to pilots operating 
under the general operating and flight rules concerning falsification, 
reproduction, and alteration of applications, logbooks, reports, or 
records. This rulemaking is a statutory mandate under section 732 of 
the Wendell H. Ford Aviation Investment and Reform Act for the 21st 
Century, (Pub. L. 106-181).
    Timetable: Next Action Undetermined.
    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Jeff Smith, Department of Transportation, Federal 
Aviation Administration, 800 Independence Avenue SW, Washington, DC 
20785, Phone: 202 365-3617, Email: jeffrey.smith@faa.gov.
    RIN: 2120-AJ78

379. +Drug and Alcohol Testing of Certain Maintenance Provider 
Employees Located Outside of the United States [2120-AK09]

    Legal Authority: 14 CFR; 49 U.S.C. 106(g); 49 U.S.C. 40113; 49 
U.S.C. 44701; 49 U.S.C. 44702; 49 U.S.C. 44707; 49 U.S.C. 44709; 49 
U.S.C. 44717
    Abstract: This rulemaking would require controlled substance 
testing of some employees working in repair stations located outside 
the United States. The intended effect is to increase participation by 
companies outside of the United States in testing of employees who 
perform safety critical functions and testing standards similar to 
those used in the repair stations located in the United States. This 
action is necessary to increase the level of safety of the flying 
public. This rulemaking is a statutory mandate under section 308(d) of 
the FAA Modernization and Reform Act of 2012 (Pub. L. 112-95).
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
ANPRM...............................   03/17/14  79 FR 14621
Comment Period Extended.............   05/01/14  79 FR 24631
ANPRM Comment Period End............   05/16/14  .......................
Comment Period End..................   07/17/14  .......................
Next Action Undetermined............  .........  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Julia Brady, Program Analyst, Program Policy 
Branch, Department of Transportation, Federal Aviation Administration, 
800 Independence Avenue SW, Washington, DC 20591, Phone: 202 267-8083, 
Email: julia.brady@faa.gov.
    RIN: 2120-AK09

380. +Applying the Flight, Duty, and Rest Requirements to Ferry Flights 
That Follow Commuter or On-Demand Operations (FAA Reauthorization) 
[2120-AK26]

    Legal Authority: 49 U.S.C. 106(f); 49 U.S.C. 106(g); 49 U.S.C. 
1153; 49 U.S.C. 40101; 49 U.S.C. 40102; 49 U.S.C. 40103; 49 U.S.C. 
40113; 49 U.S.C. 41706; 49 U.S.C. 44105; 49 U.S.C. 44106; 49 U.S.C. 
44111; 49 U.S.C. 44701 to 44717; 49 U.S.C. 44722; 49 U.S.C. 44901; 49 
U.S.C. 44903; 49 U.S.C. 44904; 49 U.S.C. 44906; 49 U.S.C. 44912; 49 
U.S.C. 44914; 49 U.S.C. 44936; 49 U.S.C. 44938; 49 U.S.C. 45101 to 
45105; 49 U.S.C. 46103
    Abstract: This rulemaking would require a flightcrew member who is 
employed by an air carrier conducting operations under part 135, and 
who accepts an additional assignment for flying under part 91 from the 
air carrier or from any other air carrier conducting operations under 
part 121 or 135, to apply the period of the additional assignment 
toward any limitation applicable to the flightcrew member relating to 
duty periods or flight times under part 135.
    Timetable: Next Action Undetermined.
    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Chester Piolunek, Department of Transportation, 
Federal Aviation Administration, 800 Independence Avenue SW, 
Washington, DC 20591, Phone: 202 267-3711, Email: 
chester.piolunek@faa.gov.
    RIN: 2120-AK26

381. +Aircraft Registration and Airmen Certification Fees [2120-AK37]

    Legal Authority: 31 U.S.C. 9701; 4 U.S.C. 1830; 49 U.S.C. 106(f); 
49 U.S.C. 106(g); 49 U.S.C. 106(l)(6); 49 U.S.C. 40104; 49 U.S.C. 
40105; 49 U.S.C. 40109; 49 U.S.C. 40113; 49 U.S.C. 40114; 49 U.S.C. 
44101 to 44108; 49 U.S.C. 44110 to 44113; 49 U.S.C. 44701 to 44704; 49 
U.S.C. 44707; 49 U.S.C. 44709 to 44711; 49 U.S.C. 44713; 49 U.S.C. 
45102; 49 U.S.C. 45103; 49 U.S.C. 45301; 49 U.S.C. 45302; 49 U.S.C. 
45305; 49 U.S.C. 46104; 49 U.S.C. 46301; Pub. L. 108-297, 118 Stat.
    Abstract: This rulemaking would establish fees for airman 
certificates, medical certificates, and provision of legal opinions 
pertaining to aircraft registration or recordation. This rulemaking 
also would revise existing fees for aircraft registration, recording of 
security interests in aircraft or aircraft parts, and replacement of an 
airman certificate. This rulemaking addresses provisions of the FAA 
Modernization and Reform Act of 2012. This rulemaking is intended to 
recover the estimated costs of the various services and activities for 
which fees would be established or revised.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................           To Be Determined
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Isra Raza, Department of Transportation, Federal 
Aviation Administration, 800 Independence Avenue SW, Washington, DC 
20591, Phone: 202 267-8994, Email: isra.raza@faa.gov.
    RIN: 2120-AK37

382. +Helicopter Air Ambulance Pilot Training and Operational 
Requirements (HAA II) (FAA Reauthorization) [2120-AK57]

    Legal Authority: 49 U.S.C. 106(f); 49 U.S.C. 106(g); 49 U.S.C. 
40113; 49 U.S.C. 41706; 49 U.S.C. 44701; 49 U.S.C. 44702; 49 U.S.C. 
44705; 49 U.S.C. 44709; 49 U.S.C. 44711 to 44713; 49 U.S.C. 44715 to 
44717; 49 U.S.C. 44722; 49 U.S.C. 44730; 49 U.S.C. 45101 to 45105
    Abstract: This rulemaking would develop training requirements for 
crew resource management, flight risk evaluation, and operational 
control of the pilot in command, as well as to develop standards for 
the use of flight simulation training devices and line-oriented flight 
training. Additionally, it would establish requirements for the use of 
safety equipment for flight crewmembers and flight nurses. These 
changes will aide in the increase in aviation safety and increase 
survivability in the event of an accident. Without these changes, the 
Helicopter Air Ambulance industry may continue to see the unacceptable 
high rate of aircraft accidents. This rulemaking is a statutory mandate 
under section 306(e)

[[Page 11273]]

of the FAA Modernization and Reform Act of 2012 (Pub. L. 112-95).
    Timetable: Next Action Undetermined.
    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Chris Holliday, Department of Transportation, 
Federal Aviation Administration, 800 Independence Ave. SW, Washington, 
DC 20591, Phone: 202-267-4552, Email: chris.holliday@faa.gov.
    RIN: 2120-AK57

383. Requirements To File Notice of Construction of Meteorological 
Evaluation Towers and Other Renewable Energy Projects (Section 610 
Review) (Section 610 Review) [2120-AK77]

    Legal Authority: 49 U.S.C. 40103
    Abstract: This rulemaking would add specific requirements for 
proponents who wish to construct meteorological evaluation towers at a 
height of 50 feet above ground level (AGL) up to 200 feet AGL to file 
notice of construction with the FAA. This rule also requires sponsors 
of wind turbines to provide certain specific data when filing notice of 
construction with the FAA. This rulemaking is a statutory mandate under 
section 2110 of the FAA Extension, Safety, and Security Act of 2016 
(Pub. L. 114-190).
    Timetable: Next Action Undetermined.
    Regulatory Flexibility Analysis Required: No.
    Agency Contact: Brian Konie, Air Traffic Service, Department of 
Transportation, Federal Aviation Administration, 800 Independence 
Avenue SW, Washington, DC 20591, Phone: 202 267-8783, Email: 
brian.konie@faa.gov.
    RIN: 2120-AK77

384. +Registration and Marking Requirements for Small Unmanned Aircraft 
[2120-AK82]

    Legal Authority: 49 U.S.C. 106(f), 49 U.S.C. 41703, 44101-44106, 
44110-44113, and 44701
    Abstract: This rulemaking would provide an alternative, streamlined 
and simple, web-based aircraft registration process for the 
registration of small, unmanned aircraft, including small unmanned 
aircraft operated exclusively for limited recreational operations, to 
facilitate compliance with the statutory requirement that all aircraft 
register prior to operation. It would also provide a simpler method for 
marking small, unmanned aircraft that is more appropriate for these 
aircraft. This action responds to public comments received regarding 
the proposed registration process in the Operation and Certification of 
Small Unmanned Aircraft notice of proposed rulemaking, the request for 
information regarding unmanned aircraft system registration, and the 
recommendations from the Unmanned Aircraft System Registration Task 
Force.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Interim Final Rule..................   12/16/15  80 FR 78593
Interim Final Rule Effective........   12/21/15  .......................
OMB approval of information            12/21/15  80 FR 79255
 collection.
Interim Final Rule Comment Period      01/15/16  .......................
 End.
Final Rule..........................   02/00/24  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Bonnie Lefko, Department of Transportation, Federal 
Aviation Administration, 6500 S MacArthur Boulevard, Registry Building 
26, Room 118, Oklahoma City, OK 73169, Phone: 866 762-9434, Email: 
bonnie.lefko@faa.gov.
    RIN: 2120-AK82

BILLING CODE 4910-13-P

DEPARTMENT OF TRANSPORTATION (DOT)

Federal Motor Carrier Safety Administration (FMCSA)

Proposed Rule Stage

385. Self-Insurance Program Cost Recovery (Section 610 Review) [2126-
AC58]

    Legal Authority: 31 U.S.C. 9701 and 49 U.S.C. 13906(d); 49 U.S.C. 
13908(d)
    Abstract: FMCSA will propose to amend fees collected for the 
processing of new self-insurance applications and add new fees for 
ongoing monitoring of carrier compliance with the self-insurance 
program requirements. Application fees will be directed to FMCSA's 
Licensing and Insurance (L&I) Account while monitoring fees must be 
sent to the Treasury. This rulemaking will amend 49 CFR 360.3T/360.3 to 
ensure that the limited number of primarily large motor carriers that 
benefit from the program bear a proportionate cost of participating in 
the program. FMCSA may also need to amend 49 CFR 360.5T/360.5 to 
reflect any specific updates to the user fee methodology that are 
required by this rulemaking.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   04/00/23  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Agency Contact: Kenneth Riddle, Office Director, Department of 
Transportation, Federal Motor Carrier Safety Administration, 1200 New 
Jersey Avenue SE, W65-308, Washington, DC 20590, Phone: 202 366-9616, 
Email: kenneth.riddle@dot.gov.
    RIN: 2126-AC58

386.  Parts and Accessories Necessary for Safe Operation; 
Electronic Stability Control (Section 610 Review) [2126-AC59]

    Legal Authority: Not Yet Determined
    Abstract: Federal Motor Carrier Safety Administration (FMCSA) would 
cross-reference the National Highway Traffic Safety Administration's 
(NHTSA) requirements for original equipment manufacturers to install 
electronic stability control (ESC) on new vehicles and require 
interstate motor carriers to maintain the systems on commercial motor 
vehicles (CMVs).
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   12/00/22  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.
    Agency Contact: Sarah Stella, Department of Transportation, Federal 
Motor Carrier Safety Administration, 1200 New Jersey Avenue SE, 
Washington, DC 20590, Phone: 202 366-0192, Email: sarah.stella@dot.gov.
    RIN: 2126-AC59

DEPARTMENT OF TRANSPORTATION (DOT)

Federal Motor Carrier Safety Administration (FMCSA)

Long-Term Actions

387. +Safety Monitoring System and Compliance Initiative for Mexico-
Domiciled Motor Carriers Operating in the United States [2126-AA35]

    Legal Authority: Pub. L. 107-87, sec. 350; 49 U.S.C. 113; 49 U.S.C. 
31136; 49 U.S.C. 31144; 49 U.S.C. 31502; 49 U.S.C. 504; 49 U.S.C. 5113; 
49 U.S.C. 521(b)(5)(A)
    Abstract: This rule would implement a safety monitoring system and 
compliance initiative designed to evaluate the continuing safety 
fitness of all Mexico-domiciled carriers within 18 months after 
receiving a provisional

[[Page 11274]]

Certificate of Registration or provisional authority to operate in the 
United States. It also would establish suspension and revocation 
procedures for provisional Certificates of Registration and operating 
authority, and incorporate criteria to be used by FMCSA in evaluating 
whether Mexico-domiciled carriers exercise basic safety management 
controls. The interim rule included requirements that were not proposed 
in the NPRM but which are necessary to comply with the FY-2002 DOT 
Appropriations Act. On January 16, 2003, the Ninth Circuit Court of 
Appeals remanded this rule, along with two other NAFTA-related rules, 
to the agency, requiring a full environmental impact statement and an 
analysis required by the Clean Air Act. On June 7, 2004, the Supreme 
Court reversed the Ninth Circuit and remanded the case, holding that 
FMCSA is not required to prepare the environmental documents. FMCSA 
originally planned to publish a final rule by November 28, 2003.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   05/03/01  66 FR 22415
NPRM Comment Period End.............   07/02/01  .......................
Interim Final Rule..................   03/19/02  67 FR 12758
Interim Final Rule Comment Period      04/18/02  .......................
 End.
Interim Final Rule Effective........   05/03/02  .......................
Notice of Intent to Prepare an EIS..   08/26/03  68 FR 51322
EIS Public Scoping Meetings.........   10/08/03  68 FR 58162
Next Action Undetermined............  .........  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Sarah Stella, Department of Transportation, Federal 
Motor Carrier Safety Administration, 1200 New Jersey Avenue SE, 
Washington, DC 20590, Phone: 202 366-0192, Email: sarah.stella@dot.gov.
    RIN: 2126-AA35

BILLING CODE 4910-EX-P

DEPARTMENT OF TRANSPORTATION (DOT)

Federal Railroad Administration (FRA)

Proposed Rule Stage

388. +Train Crew Staffing (Section 610 Review) [2130-AC88]

    Regulatory Plan: This entry is Seq. No. 153 in part II of this 
issue of the Federal Register.
    RIN: 2130-AC88

DEPARTMENT OF TRANSPORTATION (DOT)

Federal Railroad Administration (FRA)

Final Rule Stage

389. Risk Reduction Program (Section 610 Review) [2130-AC89]

    Legal Authority: 49 U.S.C. 20103; 49 U.S.C. 20156
    Abstract: FRA published the Risk Reduction Program (RRP) final rule 
on February 18, 2020, as required by 49 U.S.C. 20156. The RRP final 
rule established regulations at 49 CFR part 271, requiring Class I 
freight railroads and Class II and III freight railroads that 
demonstrate inadequate safety performance to develop and implement an 
RRP to improve the safety of their operations. This NPRM would address 
a procedural issue raised in an Association of American Railroads (AAR) 
petition to remove 49 CFR 271.3(c), which states that employees of 
railroad contractors that perform a ``Significant portion of a 
railroad's operation'' are considered the railroad's ``directly 
affected employees'' for purposes of the RRP rule.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   09/08/22  87 FR 54938
NPRM Comment Period End.............   11/07/22  .......................
Final Rule..........................   05/00/23  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Agency Contact: Amanda Maizel, Attorney Adviser, Department of 
Transportation, Federal Railroad Administration, 1200 New Jersey Avenue 
SE, Washington, DC 20590, Phone: 202 493-8014, Email: 
amanda.maizel@dot.gov.
    RIN: 2130-AC89

BILLING CODE 4910-06-P

DEPARTMENT OF TRANSPORTATION (DOT)

Saint Lawrence Seaway Development Corporation (SLSDC)

Final Rule Stage

390. Seaway Regulations and Rules: Periodic Update, Various Categories 
(Rulemaking Resulting From a Section 610 Review) [2135-AA51]

    Legal Authority: 33 U.S.C. 981 et seq.
    Abstract: The Great Lakes St. Lawrence Seaway Development 
Corporation (GLS) and the St. Lawrence Seaway Management Corporation 
(SLSMC) of Canada, under international agreement, jointly publish and 
presently administer the St. Lawrence Seaway Regulations and Rules 
(Practices and Procedures in Canada) in their respective jurisdictions. 
Under agreement with the SLSMC, the GLS is amending the joint 
regulations by updating the Regulations and Rules in various 
categories.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Final Rule..........................   12/00/22  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Agency Contact: Michal Chwedczuk, Department of Transportation, 
Saint Lawrence Seaway Development Corporation, 1200 New Jersey Avenue 
SE, Washington, DC 20590, Phone: 202 366-0091, Email: 
michal.chwedczuk@dot.gov.
    RIN: 2135-AA51

391. Tariff of Tolls (Rulemaking Resulting From a Section 610 Review) 
[2135-AA52]

    Legal Authority: 33 U.S.C. 981 et seq.
    Abstract: The Great Lakes St. Lawrence Seaway Development 
Corporation (GLS) and the St. Lawrence Seaway Management Corporation 
(SLSMC) of Canada, under international agreement, jointly publish and 
presently administer the St. Lawrence Seaway Tariff of Tolls in their 
respective jurisdictions. The Tariff sets forth the level of tolls 
assessed on all commodities and vessels transiting the facilities 
operated by the GLS and the SLSMC.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Final Rule..........................   12/00/22  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Agency Contact: Michal Chwedczuk, Department of Transportation, 
Saint Lawrence Seaway Development Corporation, 1200 New Jersey Avenue 
SE, Washington, DC 20590, Phone: 202 366-0091, Email: 
michal.chwedczuk@dot.gov.
    RIN: 2135-AA52

392.  Seaway Regulations and Rules: Periodic Update, Various 
Categories (Rulemaking Resulting From a Section 610 Review) [2135-AA53]

    Legal Authority: 33 U.S.C. 981 et seq.
    Abstract: The Great Lakes St. Lawrence Seaway Development

[[Page 11275]]

Corporation (GLS) and the St. Lawrence Seaway Management Corporation 
(SLSMC) of Canada, under international agreement, jointly publish and 
presently administer the St. Lawrence Seaway Regulations and Rules 
(Practices and Procedures in Canada) in their respective jurisdictions. 
Under agreement with the SLSMC, the GLS is amending the joint 
regulations by updating the Regulations and Rules in various 
categories.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Final Rule..........................   12/00/22  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Agency Contact: Michal Chwedczuk, Department of Transportation, 
Saint Lawrence Seaway Development Corporation, 1200 New Jersey Avenue 
SE, Washington, DC 20590, Phone: 202 366-0091, Email: 
michal.chwedczuk@dot.gov.
    RIN: 2135-AA53

393.  Tariff of Tolls (Rulemaking Resulting From a Section 610 
Review) [2135-AA54]

    Legal Authority: 33 U.S.C. 981 et seq.
    Abstract: The Great Lakes St. Lawrence Seaway Development 
Corporation (GLS) and the St. Lawrence Seaway Management Corporation 
(SLSMC) of Canada, under international agreement, jointly publish and 
presently administer the St. Lawrence Seaway Tariff of Tolls in their 
respective jurisdictions. The Tariff sets forth the level of tolls 
assessed on all commodities and vessels transiting the facilities 
operated by the GLS and the SLSMC.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Final Rule..........................   12/00/22  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Agency Contact: Michal Chwedczuk, Department of Transportation, 
Saint Lawrence Seaway Development Corporation, 1200 New Jersey Avenue 
SE, Washington, DC 20590, Phone: 202 366-0091, Email: 
michal.chwedczuk@dot.gov.
    RIN: 2135-AA54
BILLING CODE 4910-61-P

DEPARTMENT OF TRANSPORTATION (DOT)

Pipeline and Hazardous Materials Safety Administration (PHMSA)

Proposed Rule Stage

394. +Pipeline Safety: Gas Pipeline Leak Detection and Repair [2137-
AF51]

    Legal Authority: 49 U.S.C. 60101 et seq.
    Abstract: This rulemaking would amend the pipeline safety 
regulations to enhance requirements for detecting and repairing leaks 
on new and existing natural gas distribution, gas transmission, and gas 
gathering pipelines. The proposed rule is necessary to respond to a 
mandate from section 113 of the Protecting our Infrastructure of 
Pipelines and Enhancing Safety Act of 2020.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   03/00/23  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Sayler Palabrica, Department of Transportation, 
Pipeline and Hazardous Materials Safety Administration, 1200 New Jersey 
Avenue SE, District of Columbia, DC 20590, Phone: 202 366-0559, Email: 
sayler.palabrica@dot.gov.
    RIN: 2137-AF51

395. +Pipeline Safety: Pipeline Operational Status [2137-AF52]

    Legal Authority: 49 U.S.C. 60101 et seq.
    Abstract: This rulemaking would amend the pipeline safety 
regulations to define an idled operational status for natural gas and 
hazardous liquid pipelines that are temporarily removed from service, 
set operations and maintenance requirements for idled pipelines, and 
establish inspection requirements for idled pipelines that are returned 
to service. The proposed rule is necessary to respond to a mandate from 
the Protecting our Infrastructure of Pipelines and Enhancing Safety Act 
of 2020.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   11/00/23  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Sayler Palabrica, Department of Transportation, 
Pipeline and Hazardous Materials Safety Administration, 1200 New Jersey 
Avenue SE, District of Columbia, DC 20590, Phone: 202 366-0559, Email: 
sayler.palabrica@dot.gov.
    RIN: 2137-AF52

396. +Pipeline Safety: Safety of Gas Distribution Pipelines and Other 
Pipeline Safety Initiatives [2137-AF53]

    Legal Authority: 49 U.S.C. 60101 et seq.
    Abstract: This rulemaking would amend the pipeline safety 
regulations to enhance the safety requirements for gas distribution 
pipelines. The proposed rule is necessary to respond to several 
mandates from title II of the Protecting our Infrastructure of 
Pipelines and Enhancing Safety Act of 2020 (PIPES Act of 2020).
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   05/00/23  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Ashlin Bollacker, Technical Writer, Department of 
Transportation, Pipeline and Hazardous Materials Safety Administration, 
1200 New Jersey Avenue SE, Washington, DC 20590, Phone: 202 366-4203, 
Email: ashlin.bollacker@dot.gov.
    RIN: 2137-AF53

DEPARTMENT OF TRANSPORTATION (DOT)

Pipeline and Hazardous Materials Safety Administration (PHMSA)

Final Rule Stage

397. +Hazardous Materials: Enhanced Safety Provisions for Lithium 
Batteries Transported by Aircraft (FAA Reauthorization Act of 2018) 
[2137-AF20]

    Legal Authority: 49 U.S.C. 44701; 49 U.S.C. 5103(b); 49 U.S.C. 
5120(b)
    Abstract: This rulemaking amends the Hazardous Materials 
Regulations (HMR) to (1) prohibit the transport of lithium ion cells 
and batteries as cargo on passenger aircraft; (2) require all lithium 
ion cells and batteries to be shipped at not more than a 30 percent 
state of charge on cargo-only aircraft; and (3) limit the use of 
alternative provisions for small lithium cell or battery to one package 
per consignment. The amendments do not restrict passengers or crew 
members from bringing personal items or electronic devices containing 
lithium cells or batteries aboard aircraft, or restrict the air 
transport of lithium ion cells or batteries when packed with or 
contained in equipment. To accommodate persons in areas

[[Page 11276]]

potentially not serviced daily by cargo aircraft, PHMSA provides a 
limited exception for not more than two replacement lithium cells or 
batteries specifically used for medical devices to be transported by 
passenger aircraft and at a state of charge greater than 30 percent, 
under certain conditions and as approved by the Associate 
Administrator. This rulemaking is necessary to meet the FAA 
Reauthorization Act of 2018, address a safety hazard, and harmonize the 
HMR with emergency amendments to the 2015-2016 edition of the 
International Civil Aviation Organization's Technical Instructions for 
the Safe Transport of Dangerous Goods by Air.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Interim Final Rule..................   03/06/19  84 FR 8006
Interim Final Rule Effective........   03/06/19  .......................
Interim Final Rule Comment Period      05/06/19  .......................
 End.
Final Rule..........................   01/00/23  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Eugenio Cardez, Transportation Regulations 
Specialist, Department of Transportation, Pipeline and Hazardous 
Materials Safety Administration, 1200 New Jersey Avenue SE, Washington, 
DC 20590, Phone: 202 366-8553, Email: eugenio.cardez@dot.gov.
    RIN: 2137-AF20

DEPARTMENT OF TRANSPORTATION (DOT)

Pipeline and Hazardous Materials Safety Administration (PHMSA)

Completed Actions

398. +Pipeline Safety: Amendments to Parts 192 and 195 To Require Valve 
Installation and Minimum Rupture Detection Standards [2137-AF06]

    Legal Authority: 49 U.S.C. 60101 et seq.
    Abstract: This rulemaking action would revise the Pipeline Safety 
Regulations applicable to most newly constructed and entirely replaced 
onshore natural gas transmission and hazardous liquid pipelines to 
improve rupture mitigation and shorten pipeline segment isolation 
times. The rulemaking action would define ``notification of potential 
rupture'' and outline certain performance standards related to rupture 
identification and pipeline segment isolation. This rulemaking action 
also would require specific valve maintenance and inspection 
requirements, and 9-1-1 notification requirements to help operators 
achieve better rupture response and mitigation.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   02/06/20  85 FR 7162
NPRM Comment Period End.............   04/06/20  .......................
Final Rule..........................   04/08/22  87 FR 20940
Final Rule Effective................   10/05/22  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Robert Jagger, Technical Writer, Department of 
Transportation, Pipeline and Hazardous Materials Safety Administration, 
1200 New Jersey Avenue SE, Washington, DC 20590, Phone: 202 366-4595, 
Email: robert.jagger@dot.gov.
    RIN: 2137-AF06

[FR Doc. 2023-02031 Filed 2-21-23; 8:45 am]
BILLING CODE 4910-60-P


