DEPARTMENT OF TRANSPORTATION
Office of the Secretary
14 CFR Chs. I-III
23 CFR Chs. I-III
33 CFR Chs. I and IV
46 CFR Chs. I-III
48 CFR Ch. 12
49 CFR Subtitle A, Chs. I-VI and Chs. X-XII
OST Docket 99-5129
Department Regulatory Agenda; Semiannual Summary
AGENCY: Office of the Secretary, DOT.
ACTION: Semiannual regulatory agenda.
SUMMARY: The regulatory agenda is a semiannual summary of all current and projected rulemakings, reviews of existing regulations, and completed actions of the Department. The agenda provides the public with information about the Department of Transportation's regulatory activity. It is expected that this information will enable the public to be more aware of and allow it to more effectively participate in the Department's regulatory activity. The public is also invited to submit comments on any aspect of this agenda.
FOR FURTHER INFORMATION CONTACT:
General
You should direct all comments and inquiries on the agenda in general to Neil R. Eisner, Assistant General Counsel for Regulation and Enforcement, Department of Transportation, 1200 New Jersey Avenue SE., Washington, DC 20590; (202) 366-4723.
Specific
You should direct all comments and inquiries on particular items in the agenda to the individual listed for the regulation or the general rulemaking contact person for the operating administration in Appendix B. Individuals who use a telecommunications device for the deaf (TDD) may call (202) 755-7687.
Table of Contents
Supplementary Information:
Background
Significant/Priority Rulemakings
Explanation of Information on the Agenda
Request for Comments
Purpose
Appendix A-Instructions for Obtaining Copies of Regulatory Documents
Appendix B-General Rulemaking Contact Persons
Appendix C-Public Rulemaking Dockets
Appendix D-Review Plans for Section 610 and Other Requirements Agenda
SUPPLEMENTARY INFORMATION:
Background
Improvement of our regulations is a prime goal of the Department of Transportation (Department or DOT). Our regulations should be clear, simple, timely, fair, reasonable, and necessary. They should not be issued without appropriate involvement of the public; once issued, they should be periodically reviewed and revised, as needed, to assure that they continue to meet the needs for which they originally were designed. To view additional information about the Department of Transportation's regulatory activities online, go to http://regs.dot.gov. Among other things, this website provides a report, updated monthly, on the status of the DOT significant rulemakings listed in the semi-annual Agenda.
To help the Department achieve these goals and in accordance with Executive Order 12866 "Regulatory Planning and Review" (58 FR 51735; October 4, 1993) and the Department's Regulatory Policies and Procedures (44 FR 11034; February 26, 1979), the Department prepares a semiannual regulatory agenda. It summarizes all current and projected rulemaking, reviews of existing regulations, and completed actions of the Department. These are matters on which action has begun or is projected during the succeeding 12 months or such longer period as may be anticipated or for which action has been completed since the last agenda.
The agendas are based on reports submitted by the offices initiating the rulemaking and are reviewed by the Department Regulations Council. The Department's last agenda was published in the Federal Register on April 26, 2010 (75 FR 21840). The next one is scheduled for publication in the Federal Register in spring 2011.
The Internet is the basic means for disseminating the Unified Agenda. The complete Unified Agenda is available online at www.reginfo.gov, in a format that offers users a greatly enhanced ability to obtain information from the Agenda database.
Because publication in the Federal Register is mandated for the regulatory flexibility agendas required by the Regulatory Flexibility Act (5 U.S.C. 602), DOT's printed agenda entries include only:
1. The Agency's agenda preamble;
2. Rules that are in the Agency's regulatory flexibility agenda, in accordance with the Regulatory Flexibility Act, because they are likely to have a significant economic impact on a substantial number of small entities; and
3. Any rules that the Agency has identified for periodic review under section 610 of the Regulatory Flexibility Act.
Printing of these entries is limited to fields that contain information required by the Regulatory Flexibility Act's Agenda requirements. These elements are: Sequence Number; Title; Section 610 Review, if applicable; Legal Authority; Abstract; Timetable; Regulatory Flexibility Analysis Required; Agency Contact; and Regulation Identifier Number (RIN). Additional information (for detailed list see section heading "Explanation of Information on the Agenda") on these entries is available in the Unified Agenda published on the Internet.
Significant/Priority Rulemakings
The agenda covers all rules and regulations of the Department. We have classified rules as a DOT agency priority in the agenda if they are, essentially, very costly, controversial, or of substantial public interest under our Regulatory Policies and Procedures. All DOT agency priority rulemaking documents are subject to review by the Secretary of Transportation. If the Office of Management and Budget (OMB) decides a rule is subject to its review under Executive Order 12866, we have classified it as significant in the agenda.
Explanation of Information on the Agenda
The format for this agenda is required by a fall 2010 memorandum from the Office of Management and Budget.
First, the agenda is divided by initiating offices. Then, the agenda is divided into five categories: (1) Prerule stage, (2) proposed rule stage, (3) final rule stage, (4) long-term actions, and (5) completed actions. For each entry, the agenda provides the following information: (1) Its "significance"; (2) a short, descriptive title; (3) its legal basis; (4) the related regulatory citation in the Code of Federal Regulations; (5) any legal deadline and, if so, for what action (e.g., NPRM, final rule); (6) an abstract; (7) a timetable, including the earliest expected date for a decision on whether to take the action; (8) whether the rulemaking will affect small entities and/or levels of government and, if so, which categories; (9) whether a Regulatory Flexibility Act (RFA) analysis is required (for rules that would have a significant economic impact on a substantial number of small entities); (10) a listing of any analyses an office will prepare or has prepared for the action (With minor exceptions, DOT requires an economic analysis for all its rulemakings.); (11) an agency contact office or official who can provide further information; (12) a Regulation Identifier Number (RIN) assigned to identify an individual rulemaking in the agenda and facilitate tracing further action on the issue; (13) whether the action is subject to the Unfunded Mandates Reform Act; (14) whether the action is subject to the Energy Act; and (15) whether the action is major under the congressional review provisions of the Small Business Regulatory Enforcement Fairness Act. If there is information that does not fit in the other categories, it will be included under a separate heading entitled "Additional Information."
For nonsignificant regulations issued routinely and frequently as a part of an established body of technical requirements (such as the Federal Aviation Administration's Airspace Rules), to keep those requirements operationally current, we only include the general category of the regulations, the identity of a contact office or official, and an indication of the expected number of regulations; we do not list individual regulations.
In the "Timetable" column, we use abbreviations to indicate the particular documents being considered. ANPRM stands for Advance Notice of Proposed Rulemaking, SNPRM for Supplemental Notice of Proposed Rulemaking, and NPRM for Notice of Proposed Rulemaking. Listing a future date in this column does not mean we have made a decision to issue a document; it is the earliest date on which we expect to make a decision on whether to issue it. In addition, these dates are based on current schedules. Information received subsequent to the issuance of this agenda could result in a decision not to take regulatory action, or in changes to proposed publication dates. For example, the need for further evaluation could result in a later publication date; evidence of a greater need for the regulation could result in an earlier publication date.
Finally, a dot (●) preceding an entry indicates that the entry appears in the agenda for the first time.
Request for Comments
General
Our agenda is intended primarily for the use of the public. Since its inception, we have made modifications and refinements that we believe provide the public with more helpful information, as well as make the agenda easier to use. We would like you, the public, to make suggestions or comments on how the agenda could be further improved.
Reviews
We also seek your suggestions on which of our existing regulations you believe need to be reviewed to determine whether they should be revised or revoked. We particularly draw your attention to the Department's review plan in Appendix D.
Regulatory Flexibility Act
The Department is especially interested in obtaining information on requirements that have a "significant economic impact on a substantial number of small entities" and, therefore, must be reviewed under the Regulatory Flexibility Act. If you have any suggested regulations, please submit them to us, along with your explanation of why they should be reviewed.
In accordance with the Regulatory Flexibility Act, comments are specifically invited on regulations that we have targeted for review under section 610 of the Act. The phrase (Section 610 Review) appears at the end of the title for these reviews. Please see Appendix D for the Department's section 610 review plans.
Consultation With State, Local, and Tribal Governments
Executive Orders 13132 and 13175 require us to develop an accountable process to ensure "meaningful and timely input" by State, local, and tribal officials in the development of regulatory policies that have federalism or tribal implications. These policies are defined in the Executive Orders to include regulations that have "substantial direct effects" on States or Indian tribes, on the relationship between the Federal Government and them, or on the distribution of power and responsibilities between the Federal Government and various levels of government or Indian tribes. Therefore, we encourage State and local governments or Indian tribes to provide us with information about how the Department's rulemakings impact them.
Purpose
The Department is publishing this regulatory agenda in the Federal Register to share with interested members of the public the Department's preliminary expectations regarding its future regulatory actions. This should enable the public to be more aware of the Department's regulatory activity and should result in more effective public participation. This publication in the Federal Register does not impose any binding obligation on the Department or any of the offices within the Department with regard to any specific item on the agenda. Regulatory action, in addition to the items listed, is not precluded.
Dated: September 24, 2010.
NAME: Ray LaHood,
Secretary of Transportation.
Appendix A-Instructions for Obtaining Copies of Regulatory Documents
To obtain a copy of a specific regulatory document in the agenda, you should communicate directly with the contact person listed with the regulation at the address below. We note that most, if not all, such documents, including the semiannual agenda, are available through the Internet at http://www.regulations.gov. See Appendix C for more information.
(Name of contact person), (Name of the DOT agency), 1200 New Jersey Avenue SE., Washington, DC 20590. (For the Federal Aviation Administration, substitute the following address: Office of Rulemaking, ARM-1, 800 Independence Avenue SW., Washington, DC 20591).
Appendix B-General Rulemaking Contact Persons
The following is a list of persons who can be contacted within the Department for general information concerning the rulemaking process within the various operating administrations.
FAA - Rebecca MacPherson, Office of Chief Counsel, Regulations and Enforcement Division, 800 Independence Avenue SW., Room 915A, Washington, DC 20591; telephone (202) 267-3073.
FHWA - Jennifer Outhouse, Office of Chief Counsel, 1200 New Jersey Avenue SE., Washington, DC 20590; telephone (202) 366-0761.
FMCSA - Steven J. LaFreniere, Regulatory Ombudsman, 1200 New Jersey Avenue SE.,
Washington, DC 20590; telephone (202) 366-0596.
NHTSA - Steve Wood, Office of Chief Counsel, 1200 New Jersey Avenue SE., Washington, DC 20590; telephone (202) 366-2992.
FRA - Kathryn Shelton, Office of Chief Counsel, 1200 New Jersey Avenue SE., Room W31-214, Washington, DC 20590; telephone (202) 493-6063.
FTA - Linda Ford, Office of Chief Counsel, 1200 New Jersey Avenue SE., Room E56-202, Washington, DC 20590; telephone (202) 366-4063.
SLSDC - Carrie Mann Lavigne, Chief Counsel, 1200 New Jersey Avenue SE., Washington, DC 20590; telephone (202) 366-0091.
PHMSA - Patricia Burke, Office of Chief Counsel, 1200 New Jersey Avenue SE., Washington, DC 20590; telephone (202) 366-4400.
MARAD - Christine Gurland, Office of Chief Counsel, Maritime Administration, 1200 New Jersey Avenue SE., Washington, DC 20590; telephone (202) 366-5157.
RITA - Robert Monniere, Office of Chief Counsel, 1200 New Jersey Avenue SE., Washington, DC 20590; telephone (202) 366-5498.
OST - Neil Eisner, Office of Regulation and Enforcement, 1200 New Jersey Avenue SE., Washington, DC 20590; telephone (202) 366-4723.
Appendix C-Public Rulemaking Dockets
All comments via the Internet are submitted through the Federal Docket Management System (FDMS) at the following address: http://www.regulations.gov. The FDMS allows the public to search, view, download, and comment on all Federal agency rulemaking documents in one central online system. The above referenced Internet address also allows the public to sign up to receive notification when certain documents are placed in the dockets.
The public also may review regulatory dockets at, or deliver comments on proposed rulemakings to, the Dockets Office at 1200 New Jersey Avenue SE., Room W12-140, Washington, DC 20590, 1-800-647-5527. Working Hours: 9-5.
Appendix D-Review Plans for Section 610 and Other Requirements
Part I - The Plan
General
The Department of Transportation has long recognized the importance of regularly reviewing its existing regulations to determine whether they need to be revised or revoked. Our 1979 Regulatory Policies and Procedures require such reviews. We also have responsibilities under Executive Order 12866 "Regulatory Planning and Review" and section 610 of the Regulatory Flexibility Act to conduct such reviews. This includes the use of plain language techniques in new rules and considering its use in existing rules when we have the opportunity and resources permit its use. We are committed to continuing our reviews of existing rules and, if needed, will initiate rulemaking actions based on these reviews.
Section 610 Review Plan
Section 610 requires that we conduct reviews of rules that (1) have been published within the last 10 years and (2) have a "significant economic impact on a substantial number of small entities" (SEIOSNOSE). It also requires that we publish in the Federal Register each year a list of any such rules that we will review during the next year. The Office of the Secretary and each of the Department's Operating Administrations have a 10-year review plan. These reviews comply with section 610 of the Regulatory Flexibility Act.
Other Review Plan(s)
All elements of the Department, except for the Federal Aviation Administration (FAA), have also elected to use this 10-year plan process to comply with the review requirements of the Department's Regulatory Policies and Procedures and Executive Order 12866.
Changes to the Review Plan
Some reviews may be conducted earlier than scheduled. For example, to the extent resources permit, the plain language reviews will be conducted more quickly. Other events, such as accidents, may result in the need to conduct earlier reviews of some rules. Other factors may also result in the need to make changes; for example, we may make changes in response to public comment on this plan or in response to a Presidentially mandated review. If there is any change to the review plan, we will note the change in the following agenda. For any section 610 review, we will provide the required notice prior to the review.
Part II - The Review Process
The Analysis
Generally, the agencies have divided their rules into 10 different groups and plan to analyze one group each year. For purposes of these reviews, a year will coincide with the fall-to-fall schedule for publication of the agenda. Thus, Year 1 (2008) begins in the fall of 2008 and ends in the fall of 2009; Year 2 (2009) begins in the fall of 2009 and ends in the fall of 2010; and so on. We request public comment on the timing of the reviews. For example, is there a reason for scheduling an analysis and review for a particular rule earlier than we have? Any comments concerning the plan or particular analyses should be submitted to the regulatory contacts listed in Appendix B, General Rulemaking Contact Persons.
Section 610 Review
The Agency will analyze each of the rules in a given year's group to determine whether any rule has a SEIOSNOSE and, thus, requires review in accordance with section 610 of the Regulatory Flexibility Act. The level of analysis will, of course, depend on the nature of the rule and its applicability. Publication of agencies' section 610 analyses listed each fall in this agenda provides the public with notice and an opportunity to comment consistent with the requirements of the Regulatory Flexibility Act. We request that public comments be submitted to us early in the analysis year concerning the small entity impact of the rules to help us in making our determinations.
In each fall agenda, the Agency will publish the results of the analyses it has completed during the previous year. For rules that had a negative finding on SEIOSNOSE, we will give a short explanation (e.g., "these rules only establish petition processes that have no cost impact" or "these rules do not apply to any small entities"). For parts, subparts, or other discrete sections of rules that do have a SEIOSNOSE, we will announce that we will be conducting a formal section 610 review during the following 12 months. At this stage, we will add an entry to the Agenda in the prerulemaking section describing the review in more detail. We also will seek public comment on how best to lessen the impact of these rules and provide a name or docket to which public comments can be submitted. In some cases, the section 610 review may be part of another unrelated review of the rule. In such a case, we plan to clearly indicate which parts of the review are being conducted under section 610.
Other Reviews
The Agency will also examine the specified rules to determine whether any other reasons exist for revising or revoking the rule or for rewriting the rule in plain language. In each fall agenda, the Agency will also publish information on the results of the examinations completed during the previous year.
The FAA, in addition to reviewing its rules in accordance with the Section 610 Review Plan, has established a tri-annual process to comply with the review requirements of the Department's Regulatory Policies and Procedures, Executive Order 12866, and Plain Language Review Plan. The FAA's latest review notice was published November 15, 2007 (72 FR 64170). In that notice, the FAA requested comments from the public to identify those regulations currently in effect that it should amend, remove, or simplify. The FAA also requested the public provide any specific suggestions where rules could be developed as performance-based rather than prescriptive, and any specific plain language that might be used, and provide suggested language on how those rules should be written. The FAA will review the issues addressed by the commenters against its regulatory agenda and rulemaking program efforts and adjust its regulatory priorities consistent with its statutory responsibilities. At the end of this process, the FAA will publish a summary and general disposition of comments and indicate, where appropriate, how it will adjust its regulatory priorities.
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 Section 610 Reviews under the Regulatory Flexibility Act, a user would select the desired responses on the search screen (by selecting "advanced search") and, in effect, generate the desired "index" of reviews.
OFFICE OF THE SECRETARY
SECTION 610 AND OTHER REVIEWS
|
Year |
Regulations To Be Reviewed |
Analysis Year |
Review Year |
|
1 |
49 CFR parts 91 through 99 and 14 CFR parts 200 through 212 |
2008 |
2009 |
|
2 |
48 CFR parts 1201 through 1253 and new parts and subparts |
2009 |
2010 |
|
3 |
14 CFR parts 213 through 232 |
2010 |
2011 |
|
4 |
14 CFR parts 234 through 254 |
2011 |
2012 |
|
5 |
14 CFR parts 255 through 298 and 49 CFR part 40 |
2012 |
2013 |
|
6 |
14 CFR parts 300 through 373 |
2013 |
2014 |
|
7 |
14 CFR parts 374 through 398 |
2014 |
2015 |
|
8 |
14 CFR part 399 and 49 CFR parts 1 through 11 |
2015 |
2016 |
|
9 |
49 CFR parts 17 through 28 |
2016 |
2017 |
|
10 |
49 CFR parts 29 through 39 and parts 41 through 89 |
2017 |
2018 |
Year 1 (fall 2008) List of rules analyzed and a summary of results
49 CFR part
93 - Aircraft Allocation
Year 1 (fall 2008) List of rules with ongoing analysis
49 CFR part
91-International Air Transportation Fair Competitive Practices
49 CFR part
92-Recovering Debts to the United States by Salary Offset
49 CFR part
95-Advisory Committees
49 CFR part
98-Enforcement of Restrictions on Post-Employment Activities
49 CFR part
99-Employee Responsibilities and Conduct
14 CFR part 200-Definitions and Instructions
14 CFR part 201-Air Carrier Authority Under Subtitle VII of Title 49 of the United States Code [Amended]
14 CFR part 203-Waiver of Warsaw Convention Liability Limits and Defenses
14 CFR part 204-Data to Support Fitness Determinations
14 CFR part 205-Aircraft Accident Liability Insurance
14 CFR part 206-Certificates of Public Convenience and Necessity: Special Authorizations and Exemptions
14 CFR part 207-Charter Trips by U.S. Scheduled Air Carriers
14 CFR part 208-Charter Trips by U.S. charter air Carriers
14 CFR part 211-Applications for Permits to Foreign Air Carriers
14 CFR part 212-Charter Rules for U.S. and Foreign Direct Air Carriers
Year 2 (fall 2009) List of rules analyzed and a summary of results
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 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
48 CFR part 1227-Patents, Data, and Copyrights
48 CFR part 1228-Bonds and Insurance
48 CFR part 1231-Contract Cost Principles and Procedures
48 CFR part 1232-Contract Financing
48 CFR part 1233-Protests, Disputes, and Appeals
48 CFR part 1234-[Reserved]
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 Property
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
Year 3 (fall 2010) List of rules to be analyzed during the next year
14 CFR part 213-Terms, Conditions, and Limitations of Foreign Air Carrier Permits
14 CFR part 214-Terms, Conditions, and Limitations of Foreign Air Carrier Permits Authorizing Charter Transportation Only
14 CFR part 215-Use and Change of Names of Air Carriers, Foreign Air Carriers and Commuter Air Carriers
14 CFR part 216-Comingling of Blind Sector Traffic by Foreign Air Carriers
14 CFR part 217-Reporting Traffic Statistics by Foreign Air Carriers in Civilian Scheduled, Charter, and Nonscheduled Services
14 CFR part 218-Lease by Foreign Air Carrier or Other Foreign Person of Aircraft With Crew
14 CFR part 221-Tariffs
14 CFR part 222-Intermodal Cargo Services by Foreign Air Carriers
14 CFR part 223-Free and Reduced-Rate Transportation
14 CFR part 232-Transportation of Mail, Review of Orders of Postmaster General
FEDERAL AVIATION ADMINISTRATION
SECTION 610 REVIEW PLAN
Section 610 Review Plan
The FAA has elected to use the two-step, two-year process used by most DOT modes in past plans. As such, the FAA has divided its rules into 10 groups as displayed in the table 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 SEIONOSE. During the second year (the "review year"), each rule identified in the analysis year as having a SEIONOSE will be reviewed in accordance with Section 610 (b) to determine if it should be continued without change or changed to minimize impact on small entities. Results of those reviews will be published in the DOT Semiannual Regulatory Agenda.
|
Year |
Regulations to be Reviewed |
Analysis Year |
Review Year |
|
1 |
14 CFR parts 119 through 129 and parts 150 through 156 |
2008 |
2009 |
|
2 |
14 CFR parts 133 through 139 and parts 157 through 169 |
2009 |
2010 |
|
3 |
14 CFR parts 141 through 147 and parts 170 through 187 |
2010 |
2011 |
|
4 |
14 CFR parts 189 through 198 and parts 1 through 16 |
2011 |
2012 |
|
5 |
14 CFR parts 17 through 33 |
2012 |
2013 |
|
6 |
14 CFR parts 34 through 39 and parts 400 through 405 |
2013 |
2014 |
|
7 |
14 CFR parts 43 through 49 and parts 406 through 415 |
2014 |
2015 |
|
8 |
14 CFR parts 60 through 77 |
2015 |
2016 |
|
9 |
14 CFR parts 91 through 105 |
2016 |
2017 |
|
10 |
14 CFR parts 417 through 460 |
2017 |
2018 |
Year 3 (fall 2010) List of rules analyzed and summary of results
14 CFR part 141-Pilot Schools
14 CFR part 142-Training Centers
14 CFR part 145-Repair Stations
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 183-Representatives of the Administrator
14 CFR part 185-Testimony by Employees And Production of Records in Legal Proceedings, and Service of Legal Process and Pleadings
14 CFR part 187-Fees
Year 4 (fall 2011) List of rules to be analyzed during the next year
14 CFR part 189-Use of Federal Aviation Administration Communications System 14 14 CFR part 198-Aviation Insurance
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
FEDERAL HIGHWAY ADMINISTRATION
SECTION 610 AND OTHER REVIEWS
|
Year |
Regulations To Be Reviewed |
Analysis Year |
Review Year |
|
1 |
None |
2008 |
2009 |
|
2 |
23 CFR parts 1 to 260 |
2009 |
2010 |
|
3 |
23 CFR parts 420 to 470 |
2010 |
2011 |
|
4 |
23 CFR part 500 |
2011 |
2012 |
|
5 |
23 CFR parts 620 to 637 |
2012 |
2013 |
|
6 |
23 CFR parts 645 to 669 |
2013 |
2014 |
|
7 |
23 CFR 710 to 924 |
2014 |
2015 |
|
8 |
23 CFR 940 to 973 |
2015 |
2016 |
|
9 |
23 CFR parts 1200 to 1252 |
2016 |
2017 |
|
10 |
New parts and subparts |
2017 |
2018 |
Federal-Aid Highway Program
The FHWA has adopted regulations in title 23 of the CFR, chapter I, related to the Federal-Aid Highway Program. These regulations implement and carry out the provisions of Federal law relating to the administration of Federal aid for highways. The primary law authorizing Federal aid for highways is chapter I of title 23 of the U.S.C. Section 145 of title 23 expressly provides for a federally assisted State program. For this reason, the regulations adopted by the FHWA in title 23 of the CFR primarily relate to the requirements that States must meet to receive Federal funds for the construction and other work related to highways. Because the regulations in title 23 primarily relate to States, which are not defined as small entities under the Regulatory Flexibility Act, the FHWA believes that its regulations in title 23 do not have a significant economic impact on a substantial number of small entities. The FHWA solicits public comment on this preliminary conclusion.
Year 2 (fall 2009) List of rules analyzed and a summary of results
23 CFR part 1-General
• Section 610: No SEIOSNOSE. No small entities are affected.
• General: No changes are needed. These regulations are cost effective and impose the least burden. FHWA's plain language review of these rules indicates no need for substantial revision.
23 CFR part 140-Reimbursement
• Section 610: No SEIOSNOSE. This section applies primarily to State transportation agencies that are not small entities.
• General: No changes are needed. These regulations are cost effective and impose the least burden. FHWA's plain language review of these rules indicates no need for substantial revision.
23 CFR part 172-Administration of Engineering and Design-Related Service Contracts
• Section 610: No SEIOSNOSE. This section applies primarily to State transportation agencies that are not small entities.
• General: No changes are needed. These regulations are cost effective and impose the least burden. FHWA's plain language review of these rules indicates no need for substantial revision.
23 CFR part 180-Credit Assistance for Surface Transportation Projects
• Section 610: No SEIOSNOSE. This section applies primarily to State transportation agencies that are not small entities.
• General: No changes are needed. These regulations are cost effective and impose the least burden. FHWA's plain language review of these rules indicates no need for substantial revision.
23 CFR part 190-Incentive Payments for Controlling Outdoor Advertising on the Interstate System
• Section 610: No SEIOSNOSE. This section applies primarily to State transportation agencies that are not small entities.
• General: No changes are needed. These regulations are cost effective and impose the least burden. FHWA's plain language review of these rules indicates no need for substantial revision.
23 CFR part 192-Drug Offender's Driver's License Suspension
• Section 610: No SEIOSNOSE. This section applies primarily to State transportation agencies that are not small entities.
• General: No changes are needed. These regulations are cost effective and impose the least burden. FHWA's plain language review of these rules indicates no need for substantial revision.
23 CFR part 200-Title VI Program and Related Statutes-Implementation and Review procedures
• Section 610: No SEIOSNOSE. This section applies primarily to State transportation agencies that are not small entities.
• General: No changes are needed. These regulations are cost effective and impose the least burden. FHWA's plain language review of these rules indicates no need for substantial revision.
23 CFR part 230-External Programs
• Section 610: No SEIOSNOSE. Some small entities may be affected, but the economic impact on small entities will not be significant.
• General: No changes are needed. These regulations are cost effective and impose the least burden. FHWA's plain language review of these rules indicates no need for substantial revision.
23 CFR part 260-Education and Training Programs
• Section 610: No SEIOSNOSE. No small entities are affected.
• General: No changes are needed. These regulations are cost effective and impose the least burden. FHWA's plain language review of these rules indicates no need for substantial revision.
Year 3 (fall 2010) List of rules that will be analyzed during the next year
23 CFR part 420-Planning and Research Program Administration
23 CFR part 450-Planning Assistance and Standards
23 CFR part 460-Public Road Mileage for Apportionment of Highway Safety Funds
23 CFR part 470-Highway Systems
FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION
SECTION 610 AND OTHER REVIEWS
|
Year |
Regulations To Be Reviewed |
Analysis Year |
Review Year |
|
1 |
49 CFR parts 372, subpart A, and 381 |
2008 |
2009 |
|
2 |
49 CFR parts 386, 389, and 395 |
2009 |
2010 |
|
3 |
49 CFR parts 325, 388, 350, and 355 |
2010 |
2011 |
|
4 |
49 CFR parts 380 and 382 to 385 |
2011 |
2012 |
|
5 |
49 CFR parts 390 to 393 and 396 to 399 |
2012 |
2013 |
|
6 |
49 CFR parts 356, 367, 369 to 371, 372, subparts B-C |
2013 |
2014 |
|
7 |
49 CFR parts 373, 374, 376, and 379 |
2014 |
2015 |
|
8 |
49 CFR parts 360, 365, 366, and 368 |
2015 |
2016 |
|
9 |
49 CFR parts 377, 378, and 387 |
2016 |
2017 |
|
10 |
49 CFR parts 303, 375, and new parts and subparts |
2017 |
2018 |
Year 2 (fall 2009) List of rules analyzed and a summary of results
49 CFR part 386-Rules of Practice for Motor Carrier, Broker, Freight Forwarder, and Hazardous Materials Proceedings
49 CFR part 395-Hours of Service of Drivers
Year 2 (fall 2009) List of rules with ongoing analysis
49 CFR part 389-Rulemaking Procedures - Federal Motor Carrier Safety Regulations
Year 3 (fall 2010) List of rules that will be analyzed during the next year
49 CFR part 325-Compliance With Interstate Motor Carrier Noise Emission
49 CFR part 388-Cooperative Agreements With States
49 CFR part 350-Commercial Motor Carrier Safety Assistance Program
49 CFR part 355-Compatibility of State Laws and Regulations Affecting Interstate Motor Carrier Operations
NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION
SECTION 610 AND OTHER REVIEWS
|
Year |
Regulations To Be Reviewed |
Analysis Year |
Review Year |
|
1 |
49 CFR 571.223 through 571.500 and parts 575 and 579 |
2008 |
2009 |
|
2 |
23 CFR parts 1200 and 1300 |
2009 |
2010 |
|
3 |
49 CFR parts 501 through 526 and 571.213 |
2010 |
2011 |
|
4 |
49 CFR 571.131, 571.217, 571.220, 571.221, and 571.222 |
2011 |
2012 |
|
5 |
49 CFR 571.101 through 571.110, and 571.135, 571.138, and 571.139 |
2012 |
2013 |
|
6 |
49 CFR parts 529 through 578, except parts 571 and 575 |
2013 |
2014 |
|
7 |
49 CFR 571.111 through 571.129 and parts 580 through 588 |
2014 |
2015 |
|
8 |
49 CFR 571.201 through 571.212 |
2015 |
2016 |
|
9 |
49 CFR 571.214 through 571.219, except 571.217 |
2016 |
2017 |
|
10 |
49 CFR parts 591 through 595 and new parts and subparts |
2017 |
2018 |
Year 2 (fall 2009) List of rules analyzed and a summary of the results
23 CFR part 1200-Uniform Procedures for State Highway Safety Programs
23 CFR part 1205-Highway Safety Programs; Determinations of Effectiveness
23 CFR part 1206-Rules of Procedure for Invoking Sanctions Under the Highway Safety Act of 1966
23 CFR part 1208-National Minimum Drinking Age
23 CFR part 1210-Operation of Motor Vehicles by Intoxicated Minors
23 CFR part 1215-Use of Safety Belts--Compliance and Transfer-of-Funds Procedures
23 CFR part 1225-Operation of Motor Vehicles by Intoxicated Persons
23 CFR part 1235-Uniform System for Parking for Persons with Disabilities
23 CFR part 1240-Safety Incentive Grants for Use of Seat Belts-Allocations Based on Seat Belt Use Rates
23 CFR part 1250-Political Subdivision Participation in State Highway Safety Programs
23 CFR part 1251-State Highway Safety Agency
23 CFR part 1252-State Matching of Planning and Administration Costs
23 CFR part 1270-Open Container Laws
23 CFR part 1275-Repeat Intoxicated Driver Laws
23 CFR part 1313-Incentive Grant Criteria for Alcohol-Impaired Driving Prevention Programs
23 CFR part 1327-Procedures for Participating in and Receiving Information From the National Driver Register Problem Driver Pointer System
23 CFR part 1335-State Highway Safety Data Improvements
23 CFR part 1340-Uniform Criteria for State Observational Surveys of Seat Belt Use
23 CFR part 1345-Incentive Grant Criteria for Occupant Protection Programs
23 CFR part 1350-Incentive Grant Criteria for Motorcycle Safety Program
Year 3 (fall 2010) List of rules that will be analyzed during the next year
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 571.213-Child Restraint Systems
FEDERAL RAILROAD ADMINISTRATION
SECTION 610 AND OTHER REVIEWS
|
Year |
Regulations To Be Reviewed |
Analysis Year |
Review Year |
|
1 |
49 CFR parts 200 and 201 |
2008 |
2009 |
|
2 |
49 CFR parts 207, 209, 211, 215, 238, and 256 |
2009 |
2010 |
|
3 |
49 CFR parts 210, 212, 214, 217, and 268 |
2010 |
2011 |
|
4 |
49 CFR part 219 |
2011 |
2012 |
|
5 |
49 CFR parts 218, 221, 241, and 244 |
2012 |
2013 |
|
6 |
49 CFR parts 216, 228, and 229 |
2013 |
2014 |
|
7 |
49 CFR parts 223 and 233 |
2014 |
2015 |
|
8 |
49 CFR parts 224, 225, 231, and 234 |
2015 |
2016 |
|
9 |
49 CFR parts 222, 227, 235, 236, 250, 260, and 266 |
2016 |
2017 |
|
10 |
49 CFR parts 213, 220, 230, 232, 239, 240, and 265 |
2017 |
2018 |
Year 2 (fall 2009) List of rules analyzed and a summary of results
49 FR part 207-Railroad Police Officers
49 CFR part 209-Railroad Safety Enforcement Procedures
49 CFR part 211-Rules of Practice
49 CFR part 215-Railroad Freight Car Safety Standards
49 CFR part 238-Passenger Equipment Safety Standards
49 CFR part 256-Financial Assistance for Railroad Passenger Terminals
Year 3 (fall 2010) List of rule(s) that will be analyzed during next year
49 CFR part 210-Railroad Noise Emission Compliance Regulations
49 CFR part 212-State Safety Participation Regulations
49 CFR part 214-Railroad Workplace Safety
49 CFR part 217-Railroad Operating Rules
49 CFR part 268-Magnetic Levitation Transportation Technology Deployment Program
FEDERAL TRANSIT ADMINISTRATION
SECTION 610 AND OTHER REVIEWS
|
Year |
Regulations To Be Reviewed |
Analysis Year |
Review Year |
|
1 |
49 CFR parts 604, 605, and 633 |
2008 |
2009 |
|
2 |
49 CFR parts 661 and 665 |
2009 |
2010 |
|
3 |
49 CFR part 633 |
2010 |
2011 |
|
4 |
49 CFR parts 609 and 611 |
2011 |
2012 |
|
5 |
49 CFR parts 613 and 614 |
2012 |
2013 |
|
6 |
49 CFR part 622 |
2013 |
2014 |
|
7 |
49 CFR part 630 |
2014 |
2015 |
|
8 |
49 CFR part 639 |
2015 |
2016 |
|
9 |
49 CFR parts 659 and 663 |
2016 |
2017 |
|
10 |
49 CFR part 665 |
2017 |
2018 |
Year 2 (fall 2009) List of rules analyzed and summary of results
49 CFR part 665-Bus Testing
Year 3 (fall 2010) List of rules that will be analyzed during the next year
49 CFR part 605-School Bus Operations
49 CFR part 633-Capital Project Management
MARITIME ADMINISTRATION
SECTION 610 AND OTHER REVIEWS
|
Year |
Regulations To Be Reviewed |
Analysis Year |
Review Year |
|
1 |
46 CFR parts 201 through 205 |
2008 |
2009 |
|
2 |
46 CFR parts 221 through 232 |
2009 |
2010 |
|
3 |
46 CFR parts 249 through 296 |
2010 |
2011 |
|
4 |
46 CFR part 298 |
2011 |
2012 |
|
5 |
46 CFR parts 307 through 309 |
2012 |
2013 |
|
6 |
46 CFR part 310 |
2013 |
2014 |
|
7 |
46 CFR parts 315 through 340 |
2014 |
2015 |
|
8 |
46 CFR parts 345 through 381 |
2015 |
2016 |
|
9 |
46 CFR parts 382 through 389 |
2016 |
2017 |
|
10 |
46 CFR parts 390 through 393 |
2017 |
2018 |
Year 2 (fall 2009) List of rules analyzed and a summary of the results
46 CFR part 221-Regulated Transactions Involving Documented Vessels and Other Maritime Interests
46 CFR part 232-Uniform Financial Reporting Requirements
Year 3 (fall 2010) List of rules that will be analyzed during the next year
46 CFR part 249-Approval of Underwriters for Marine Hull Insurance
46 CFR part 251-Application for Subsidies and Other Direct Financial Aid
46 CFR part 252-Operating-Differential Subsidy for Bulk Cargo Vessels Engaged in Worldwide Services
46 CFR part 272-Requirements and Procedures for Conducting Condition Surveys and Administering Maintenance and Repair Subsidy
46 CFR part 276-Construction-Differential Subsidy Repayment
46 CFR part 277-Domestic and Foreign Trade; Interpretations
46 CFR part 280-Limitations on the Award and Payment of Operating-Differential Subsidy for Liner Operators
46 CFR part 281-Information and Procedure Required under Liner Operating-Differential Subsidy Agreements
46 CFR part 282-Operating-Differential Subsidy for Liner Vessels Engaged in Essential Services in the Foreign Commerce of the United States
46 CFR part 283-Dividend Policy for Operators Receiving Operating-Differential Subsidy
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 (MSP)
46 CFR part 296-Maritime Security Program (MSP)
PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION (PHMSA)
SECTION 610 AND OTHER REVIEWS
|
Year |
Regulations To Be Reviewed |
Analysis Year |
Review Year |
|
1 |
49 CFR part 178 |
2008 |
2009 |
|
2 |
49 CFR parts 178 through 180 |
2009 |
2010 |
|
3 |
49 CFR parts 172 and 175 |
2010 |
2011 |
|
4 |
49 CFR part 171, sections 171.15 and 171.16 |
2011 |
2012 |
|
5 |
49 CFR parts 106, 107, 171, 190, and 195 |
2012 |
2013 |
|
6 |
49 CFR parts 174, 177, 191, and 192 |
2013 |
2014 |
|
7 |
49 CFR parts 176 and 199 |
2014 |
2015 |
|
8 |
49 CFR parts 172 through 178 |
2015 |
2016 |
|
9 |
49 CFR parts 172, 173, 174, 176, 177, and 193 |
2016 |
2017 |
|
10 |
49 CFR parts 173 and 194 |
2017 |
2018 |
Year 2 (fall 2009) List of rules analyzed and a summary of results
49 CFR part 178-Specifications for Packagings
49 CFR part 179
-Specifications for Tank Cars
49 CFR part 180-Continuing Qualification and Maintenance of Packagings
Year 3 (fall 2010) List of rules that will be analyzed during the next year
49 CFR part 172-Hazardous Materials Table, Special Provisions, Hazardous Materials Communications, Emergency Response Information, Training Requirements, and Security Plans
49 CFR part 175-Carriage By Aircraft
RESEARCH AND INNOVATIVE TECHNOLOGY ADMINISTRATION (RITA)
SECTION 610 AND OTHER REVIEWS
|
Year |
Regulations To Be Reviewed |
Analysis Year |
Review Year |
|
1 |
14 CFR part 241, form 41 |
2008 |
2009 |
|
2 |
14 CFR part 241, schedule T-100, and part 217 |
2009 |
2010 |
|
3 |
14 CFR part 298 |
2010 |
2011 |
|
4 |
14 CFR part 241, section 19-7 |
2011 |
2012 |
|
5 |
14 CFR part 291 |
2012 |
2013 |
|
6 |
14 CFR part 234 |
2013 |
2014 |
|
7 |
14 CFR part 249 |
2014 |
2015 |
|
8 |
14 CFR part 248 |
2015 |
2016 |
|
9 |
14 CFR part 250 |
2016 |
2017 |
|
10 |
14 CFR part 374a, ICAO |
2017 |
2018 |
Year 1 (fall 2008) List of rules with ongoing analysis
14 CFR part 241-Uniform System of Accounts and Reports for Large Certificated Air Carriers, Form 41
Year 2 (fall 2009) List of rules analyzed and a summary of the results
14 CFR part 241-Schedule T-100
14 CFR part 217-Reporting Traffic Statistics by Foreign Air Carriers in Civilian Scheduled, Charter, and Nonscheduled Services - Schedule T-100(f)
Year 3 (fall 2010) List of rules that will be analyzed during the next year
14 CFR part 298 Subpart F-Exemptions for Air Taxi and Commuter Air Carrier Operations-Reporting Requirements
SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION
SECTION 610 AND OTHER REVIEWS
|
Year |
Regulations To Be Reviewed |
Analysis Year |
Review Year |
|
1 |
33 CFR parts 401 through 403 |
2008 |
2009 |
Year 1 (fall 2008) List of rules with ongoing analysis
33 CFR part
401-Seaway Regulations and Rules
33 CFR part 402-Tariff of Tolls
33 CFR part 403-Rules of Procedure of the Joint Tolls Review Board