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).
SUMMARY: The Regulatory and Deregulatory Agenda is
a semiannual summary of all current and projected rulemakings, reviews of
existing regulations, and completed actions of the Department. The intent
of the Agenda is to provide the public with
information about the Department of Transportation's regulatory activity
planned for the next 12 months. It is expected that this information will
enable the public to more effectively participate in the Department's
regulatory process. 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 Jonathan Moss, Assistant
General Counsel for Regulation, Office of General Counsel, 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.
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
A primary goal of the Department
of Transportation (Department or DOT) is to allow the public to understand how
we make decisions, which necessarily includes being transparent in the way we
measure the risks, costs, and benefits of engaging in-or deciding not to engage
in-a particular regulatory action. As such, it is our policy to provide an
opportunity for public comment on such actions to all interested stakeholders.
Above all, transparency and meaningful engagement mandate that regulations
should be straightforward, clear, and accessible to any interested stakeholder.
The Department also embraces the notion that there should be no more
regulations than necessary. We emphasize consideration of non-regulatory
solutions and have rigorous processes in place for continual reassessment of
existing regulations. These processes provide that regulations and other agency
actions are periodically reviewed and, if appropriate, are revised to ensure
that they continue to meet the needs for which they were originally designed,
and that they remain cost-effective and cost-justified.
To help the
Department achieve its goals and in accordance with Executive Order (E.O.)
12866, "Regulatory Planning and Review," (58 FR 51735; Oct. 4, 1993) and the
Department's Regulatory Policies and Procedures (44 FR 11034; Feb. 26, 1979),
the Department prepares a semiannual regulatory and deregulatory agenda. It
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 during the next 12 months or for which
action has been completed since the last Agenda.
In addition, this
Agenda was prepared in accordance with three new Executive orders issued by President
Trump, which directed agencies to further scrutinize their regulations and
other agency actions. On January 30, 2017, President Trump signed Executive Order
13771, Reducing Regulation and Controlling Regulatory Costs. Under Section 2(a)
of the Executive order, unless prohibited by law, whenever an
executive department or agency publicly proposes for notice and comment or
otherwise promulgates a new regulation, it must identify at least two existing regulations
to be repealed. On February 24, 2017, President Trump signed Executive Order
13777, Enforcing the Regulatory Reform Agenda. Under this Executive order, each
agency must establish a Regulatory Reform Task Force (RRTF) to evaluate
existing regulations, and make recommendations for their repeal, replacement,
or modification. On March 28, 2017, President Trump signed Executive Order
13783, Promoting Energy Independence and Economic Growth, requiring agencies to
review all existing regulations, orders, guidance documents, policies, and
other similar agency actions that potentially burden the development or use of
domestically produced energy resources, with particular attention to oil,
natural gas, coal, and nuclear energy resources.
In
response to the mandate in Executive Order 13777, the Department formed an RRTF
consisting of senior career and non-career leaders, which has already conducted
extensive reviews of existing regulations, and identified a number of rules to
be repealed, replaced, or modified. While each regulatory and deregulatory
action is evaluated on its own merits, the RRTF augments the Department's
consideration of prospective rulemakings by conducting monthly reviews across
all OAs to identify appropriate deregulatory actions. The RRTF also works to
ensure that any new regulatory action is rigorously vetted and non-regulatory
alternatives are considered. Further information on the RRTF can be found
online at: https://www.transportation.gov/regulations/regulatory-reform-task-force-report.
The Department's ongoing regulatory effort
is guided by four fundamental principles -safety, innovation, investment
in infrastructure, and reducing unnecessary regulatory burdens. These
priorities are grounded in our national interest in maintaining U.S. global
leadership in safety, innovation, and economic growth. To accomplish our
regulatory goals, we must create a regulatory environment that fosters growth
in new and innovative industries without burdening them with unnecessary
restrictions. At the same time, safety remains our highest priority; we must
remain focused on managing safety risks and be sure that we do not regress from
the successes already achieved. Our planned regulatory actions reflect a careful
balance that emphasizes the Department's priority in fostering innovation while
at the same time meeting the challenges of maintaining a safe, reliable, and
sustainable transportation system.
The
Agendas are based on reports submitted by the offices initiating the rulemaking
and are reviewed by OST.
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 Rulemakings
The
Agenda covers all rules and regulations of the Department. Subsets of these
rules have been classified as significant rules under E.O. 12866 and will be
subject to review by the Office of Management and Budget (OMB).
Explanation of Information on the Agenda
An
Office of Management and Budget memorandum, dated August 18, 2017, requires the
format for this Agenda.
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 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 (15) whether the action is major under the
congressional review provisions of the Small Business Regulatory Enforcement
Fairness Act.
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 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.
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 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.
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 (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 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: November
9, 2017.
NAME:
Elaine L. Chao,
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
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-Lirio Liu,
Director, Office of Rulemaking, 800 Independence Avenue SW., Washington, DC
20591; telephone (202) 267-7833.
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-Elliott Gillooly, Office of
Chief Counsel, 1200 New Jersey Avenue SE., Washington, DC 20590; telephone
(202) 493-6047.
FTA-Chaya
Koffman, Office of Chief Counsel, 1200 New Jersey Avenue SE., Washington, DC
20590; telephone (202) 366-3101.
SLSDC-Carrie Mann Lavigne, Chief Counsel, 180 Andrews
Street, Massena, NY 13662; telephone (315) 764-3200.
PHMSA-Stephen
Gordon, Office of Chief Counsel, 1200 New Jersey Avenue SE., Washington, DC
20590; telephone (202) 366-1101.
MARAD-Gabriel
Chavez, Office of Chief Counsel, Maritime Administration, 1200 New Jersey
Avenue SE., Washington, DC 20590; telephone (202) 366-2621.
OST-Jonathan Moss,
Assistant General Counsel for Regulation, 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: 9:00 AM to 5:00 PM.
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. We
also have responsibilities under EO 12866, "Regulatory Planning and Review," EO
13563, ''Improving Regulation and Regulatory Review,'' 76 FR 3821 (January 18,
2011), EO 13771 "Reducing Regulation and Controlling Regulatory Costs," EO
13777, "Enforcing the Regulatory Agenda," and section 610 of the Regulatory
Flexibility Act to conduct such reviews. This includes the designation of a
Regulatory Reform Officer, the establishment of a Regulatory Reform Task Force,
and the use of plain language techniques in new rules and considering its use
in existing rules when we have the opportunity and resources to revise them.
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 will begin 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" (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.
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. Most agencies provide
historical information about the reviews that have occurred over the past 10
years. 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. 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 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 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
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 10 (2017) List of rules that will be analyzed during
the next year
49 CFR part 30 - Denial of Public Works
Contracts to Suppliers of Goods and Services of Countries That Deny Procurement
Market Access to US Contractors
49 CFR part 31 - Program Fraud Civil
Remedies
49 CFR part 32 - Governmentwide
Requirements for Drug-Free Workplace (Financial Assistance)
49 CFR part 33 - Transportation
Priorities and Allocation System
49 CFR part 37 - Transportation
Services for Individuals With Disabilities (ADA)
49 CFR part 38 - Americans With
Disabilities Act (ADA) Accessibility Specifications for Transportation Vehicles
49 CFR part 39 - Transportation for
Individuals With Disabilities: Passenger Vessels
49 CFR part 41 - Seismic Safety
49 CFR part 71 - Standard Time Zone Boundaries
49 CFR part 79 - Medals of Honor
49 CFR part 80 - Credit Assistance for Surface
Transportation Projects
49 CFR part 89 - Implementation of Federal Claims Collection
Act
Year 9 (2016) List of rules analyzed and a summary of
results
49 CFR part 17 - Intergovernmental Review of Department of
Transportation Programs and Activities
Section 610: No SEIOSNOSE. This rule, which implements a 1982
Executive order, is based on an OMB model rule. It establishes procedures to
ensure that DOT agency actions are appropriately coordinated with state and
local governments. It imposes no burdens on State and local governments of
whatever size, and the coordination of various policies or projects could help
to reduce burdens on small units of government.
General: There is no current need to revise this rule. Any future
revision would have to be Governmentwide. OST's plain language review of this
rule indicates the part does not need a substantial revision.
49 CFR part 20 - New Restrictions on Lobbying
Section 610: OST conducted a Section 610 review of this part and
found no SEISNOSE
General: During its review of part OST has concluded that
this part needs to update definitions and subsections on compilation of
semi-annual certifications. OST's plain language review of this rule indicates
the part does not need a substantial revision.
49 CFR part 21 - Nondiscrimination in Federally-Assisted
Programs of the Department of Transportation Effectuation of Title VI of the
Civil Rights Act 1964
Section 610: OST conducted a Section 610 review of this part and
found no SEISNOSE
General: During its review of part OST has concluded that
this part needs to be updated to reflect changes to listed authorities and to
DOT's structure and organization. OST's plain language review of this rule
indicates the part does not need a substantial revision.
49 CFR part 22 - Short-Term Lending Program (STLP)
Section 610: OST conducted a Section 610 review of this part and
found no SEISNOSE
General: During its review of part OST has concluded that
further analysis is needed to determine the applicability of this part. Once
determined, OST may initiate a rulemaking to remove these regulations. OST's
plain language review of this rule indicates the part does not need a
substantial revision.
49 CFR part 23 - Participation of Disadvantaged Business
Enterprise in Airport Concessions
Section 610: OST conducted a Section 610 review of
this part and found no SEISNOSE
General: During its review of part OST has concluded
that this part needs to updated to reflect adjustments in business size
standards, personal net worth ceilings, updates to instructions, definitions of
several terms, good faith efforts by car rental companies, inclusion of a
section on joint ventures, accurate listing of firms in UCP directories, and
goal setting requirements, among other things. OST's plain language review
indicates no need for substantial revision.
49 CFR part 24 - Uniform Relocation Assistance and Real
Property Acquisition for Federal and Federally Assisted Programs
Section 610: OST conducted a Section 610 review of this part and
found no SEISNOSE
General: Updating these regulations are statutorily required
and require interagency coordination. OST would initiate a rulemaking to
updates these regulations. OST's plain language review of this rule indicates
the part does not need a substantial revision.
49 CFR part 25 - Nondiscrimination on The Basis of Sex In
Education Programs Or Activities Receiving Federal Financial Assistance
Section 610: OST conducted a Section 610 review of this part and
found no SEISNOSE
General: During its review of part OST has concluded that
this part needs to be updated to reflect changes to several noted legal
authorities and to DOT's structure and organization. OST may initiate a
rulemaking in the future to make these updates. OST's plain language review of
this rule indicates the part does not need a substantial revision.
49 CFR part 26 - Participation by Disadvantaged Business
Enterprises In Department of Transportation Financial Assistance Programs.
Section 610: OST conducted a Section 610 review of
this part and found no SEISNOSE
General: During its review of part OST has concluded
that this part needs to be updated in the following areas: errors in regulatory
provisions; removal of provisions that are routinely misunderstood by UCPs and
recipients; various technical corrections; increased goal-setting threshold;
addressing design-build agreements; and recipient failure to meet overall
goals. OST may initiate a rulemaking in the future to make these updates.
OST's plain language review of this rule indicates the part does not need a
substantial revision.
49 CFR part 27 - Nondiscrimination on The Basis of
Disability In Programs Or Activities Receiving Federal Financial Assistance.
Section 610: OST conducted a Section 610 review of this part and
found no SEISNOSE
General: During its review of part OST has concluded that
this part needs to be updated to change obsolete language, reflect changes to
several noted legal authorities, and to reflect changes to the American With
Disabilities Act (ADA) Amendments Act, Pub. L. 110-325 (2008). OST may
initiate a rulemaking in the future to make these updates. OST's plain
language review of this rule indicates the part does not need a substantial
revision.
49 CFR part 28 - Enforcement of Nondiscrimination on The
Basis of Handicap In Programs Or Activities Conducted by The Department of
Transportation.
Section 610: OST conducted a Section 610 review of this part and
found no SEISNOSE
General: During its review of part OST has concluded that this
part needs to be updated to change obsolete language, reflect changes to
several noted legal authorities, and to reflect changes to the American With
Disabilities Act (ADA) Amendments Act, Pub. L. 110-325 (2008). OST may
initiate a rulemaking in the future to make these updates. OST's plain
language review of this rule indicates the part does not need a substantial
revision.
Year 8 (2015) List of rules analyzed and a summary of
results
14 CFR part 399-Statements of General Policy
Section 610: OST conducted a Section 610 review of this part and
found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation Act
was revised and recodified within Subtitle VII of Title 49 of the United States
Code (Pub. L. 103-272, July 5, 1994). Since the recodification, the Department
has made numerous amendments to make the CFR consistent with the provisions of
the current statute (49 U.S.C., Subtitle VII). As a result, OST will be
conducting a rulemaking to update the economic regulations by modifying language
to reflect current statutory provisions. See RIN 2105-AD86. OST's plain
language review indicates no need for substantial revision on that basis.
49 CFR part 1-Organization and Delegation of Power and
Duties
Section 610: OST conducted a review of this part and found no
SEISNOSE.
General: OST reviewed these regulations and found that the part
needs to be updated to reflect changes made in the Fixing America's Surface
Transportation (FAST) Act, Pub. L. 114-94 (2015). OST may initiate a rulemaking
in the future to make these updates. OST's plain language review of these rules
indicates no need for substantial revision.
49 CFR part 3 - Official Seal
Section 610: OST conducted a review of this part and found
no SEISNOSE.
General: OST has reviewed these regulations and found that
the part needs to be updated to reduce costs and ensure the regulations
accurately describe the actual design of the seal. OST may initiate a
rulemaking in the future to make these updates. OST's plain language
review of these rules indicates no need for substantial revision.
49 CFR part 5-Rulemaking Procedures
Section 610: OST conducted a review of this part and found no
SEISNOSE.
General: OST has reviewed these regulations and found that the
part needs to be updated to reflect current Departmental procedures. OST may
initiate a rulemaking for these purposes. OST's plain language review of the
rule indicates a potential need for revision.
49 CFR part 6-Implementation of Equal Access to Justice Act
in Agency Proceedings
Section 610: OST conducted a review of this part and found no
SEISNOSE.
General: OST has reviewed these regulations and found that the
part needs to be updated to reflect the current content of the relevant
statute. OST may initiate a rulemaking for these purposes. OST's plain
language review of the rule indicates a potential need for revision.
49 CFR part 7 - Public Availability of Information
Section 610: OST conducted a review of this part and found
no SEISNOSE.
General: OST has reviewed these regulations and recently
updated this part to reflect recent statutory changes to the Freedom of
Information Act (82 FR 21139, May 5, 2017). OST's plain language review
indicates no need for revision.
49 CFR part 8-Classified Information:
Classification/Declassification/Access
Section 610: OST conducted a Section 610 review of this part and
found no SEISNOSE.
General: OST has reviewed these regulations and recently updated
this part to reflect organization changes and updates to the legal authorities
and references (82 FR 40076, July 15, 2016). OST's plain language review
indicates no need for further revision at this time.
49 CFR part 9-Testimony of Employees of the Department and
Production of Records in Legal Proceedings
Section 610: OST conducted a review of this part and found no
SEISNOSE.
General: OST has reviewed these regulations and found that the
part needs to be updated to reflect organizational and other changes since the
last publication of the part. OST may initiate a rulemaking for these
purposes. OST's plain language review of the rule indicates a potential need
for revision.
49 CFR part 10-Maintenance of and Access to Records
Pertaining to Individuals
Section 610: OST conducted a review of this part and found
no SEISNOSE.
General: OST has reviewed these regulations and found that
the part needs to be updated to reflect organizational and statutory changes
since the last publication of this rule. OST has initiated a rulemaking for
these purposes. OST's plain language review of this rule indicates a need for
revision.
49 CFR part 11-Protection of Human Subjects
Section 610: OST conducted a Section 610 review of this part and
found no SEISNOSE.
General: No changes are needed at this time. OST reviewed these
regulations and participated in a joint update to the Common Rule, in
coordination with the U.S. Department of Health and Human Services, published
at 82 Fed. Reg. 7149 (January 19, 2017). These regulations are cost effective
and impose the least burden on the industries DOT regulates. OST's plain
language review of these rules indicates no need for substantial revision.
49 CFR part 15 - Protection of Sensitive Security
Information
Section 610: OST conducted a Section 610 review of this part and
found no SEISNOSE.
General: When this rule was enacted, it paralleled 49 CFR part
1520, which creates an analogous Sensitive Security Information regime
administered by the Transportation Security Administration (TSA). Since that
time, parts 15 and 1520 have diverged due to the two agencies not coordinating
amendments to the rules. OST and TSA are completing a rulemaking to eliminate
inconsistencies between the two rules. See RIN 2105-AD59. OST's plain
language review indicates no need for substantial revision on that basis.
Year 7 (2014) List of rules analyzed and summary of
results
14 CFR part 374-Implementation
of the Consumer Credit Protection Act with Respect to Air Carriers and Foreign
Air Carriers
Section 610: OST conducted a Section 610 review of this part and
found no SEISNOSE.
General: The reviews performed for the Aviation Clean-up Rule
(RIN 2105-AD86) revealed general updates are needed. All changes are
incorporated into this rule. OST's plain language review indicated no need for
substantial revision on that basis.
14 CFR part 374a-Extension of
Credit by Airlines to Federal Political Candidates
Section 610: OST conducted a Section 610 review of this part and
found no SEISNOSE.
General: The reviews performed for the Aviation Clean-up Rule
(RIN 2105-AD86) revealed general updates are needed. All changes are
incorporated into this rule. OST's plain language review indicated no need.
All changes are incorporated into this rule. OST's plain language review
indicated no need for substantial revision on that basis.
14 CFR part 375-Navigation of
Foreign Civil Aircraft within the United States
Section 610: OST conducted a Section 610 review of this part and
found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation Act
was revised and recodified within Subtitle VII of Title 49 of the United States
Code (Pub. L. 103-272, July 5, 1994). Since the codification, the Department
has made numerous amendments to make the CFR consistent with the provisions of
the current statute (49 U.S.C., Subtitle VII). As a result, OST will be
conducting a rulemaking to update the economic regulations by modifying
language to reflect current statutory provisions. See RIN 2105-AD86. OST's
plain language review indicates no need for substantial revision on that basis.
14 CFR part 377-Continuance of
Expired Authorizations by Operation of Law Pending Final Determination of
Applications for Renewal Thereof
Section 610: OST conducted a Section 610 review of this part and
found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation Act
was revised and recodified within Subtitle VII of Title 49 of the United States
Code (Pub. L. 103-272, July 5, 1994). Since the codification, the Department
has made numerous amendments to make the CFR consistent with the provisions of
the current statute (49 U.S.C., Subtitle VII). As a result, OST will be
conducting a rulemaking to update the economic regulations by modifying language
to reflect current statutory provisions. See RIN 2105-AD86. OST's plain
language review indicates no need for substantial revision on that basis.
14 CFR part 380-Public Charters
Section 610: OST conducted a Section 610 review of this part and
found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation Act
was revised and recodified within Subtitle VII of Title 49 of the United States
Code (Pub. L. 103-272, July 5, 1994). Since the codification, the Department
has made numerous amendments to make the CFR consistent with the provisions of
the current statute (49 U.S.C., Subtitle VII). As a result, OST will be
conducting a rulemaking to update the economic regulations by modifying
language to reflect current statutory provisions. See RIN 2105-AD86. OST's
plain language review indicates no need for substantial revision on that basis.
14 CFR part 381-Special Event
Tours
Section 610: OST conducted a Section 610 review of this part and
found no SEISNOSE
General: No changes are needed. This regulation is
cost effective and imposes the least burden. OST's plain language review
of this rule indicates no need for substantial revision.
14 CFR part
382-Nondiscrimination on The Basis Of Disability in Air Travel
Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
General: Part 382 implements the Air Carrier Access Act (49
U.S. C. - 41705), which broadly prohibits discrimination against a qualified
individual with a disability in air transportation. OST's review of Part 382
revealed a number of areas that could benefit from clarification by rulemaking,
including: deleting compliance dates that have passed and are no longer
relevant; removal of antiquated conflict of laws waiver request filing
requirements; clarification of assertion of defense to enforcement action when
conflict of law waiver request is filed; clarification of medical certificate
requirements; reordering of certain sections; clarifying that Subpart G
requires prompt boarding deplaning and connecting assistance; clarification of
requirements regarding baggage containing assistive devices; handling of
complaints received via social media; correction of typos; and certain citation
corrections. OST's plain language review indicates no need for substantial
revision on that basis.
14 CFR part 383-Civil Penalties
Section 610: OST conducted a Section 610 review of this part and
found no SEISNOSE.
General: In accordance with the Federal Civil Penalties Inflation
Adjustment Act Improvements Act of 2015, these regulations would be revised to
implement a catch-up adjustment for inflation and the promulgation of a direct
final rule to complete the required annual inflation adjustment to the maximum
civil penalty amounts for violations of certain aviation economic statutes and
the rules and orders issued pursuant to these statutes. OST would also make a
technical correction to reflect a listed statutory authority. OST's plain
language review of this rule indicates no need for substantial revision.
14 CFR part 389-Fees and Charges
for Special Services
Section 610: OST conducted a Section 610 review of this part and
found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation Act
was revised and recodified within Subtitle VII of Title 49 of the United States
Code (Pub. L. 103-272, July 5, 1994). Since the codification, the
Department has made numerous amendments to make the CFR consistent with the
provisions of the current statute (49 U.S.C., Subtitle VII). As a result,
OST will be conducting a rulemaking to update the economic regulations by
modifying language to reflect current statutory provisions. See RIN
2105-AD86. OST's plain language review indicates no need for substantial
revision on that basis.
14 CFR part 398-Guidelines for
Individual Determinations of Basic Essential Air Service
Section 610: OST conducted a Section 610 review of this part and
found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation Act
was revised and recodified within Subtitle VII of Title 49 of the United States
Code (Pub. L. 103-272, July 5, 1994). Since the codification, the Department
has made numerous amendments to make the CFR consistent with the provisions of
the current statute (49 U.S.C., Subtitle VII). As a result, OST will be
conducting a rulemaking to update the economic regulations by modifying
language to reflect current statutory provisions. See RIN 2105-AD86. OST's
plain language review indicates no need for substantial revision on that basis.
Year 7 (2014) List of rules with ongoing analysis
14 CFR part 385-Staff
Assignments and Review of Action under Assignments
Year 6 (2013) List of rules analyzed and a summary of
results
14 CFR part 300-Rules of Conduct in DOT Proceedings Under
This Chapter
Section 610: OST conducted a Section 610 review of this part and
found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation Act
was revised and recodified within Subtitle VII of Title 49 of the United States
Code (Pub. L. 103-272, July 5, 1994). Since the codification, the Department
has made numerous amendments to make the CFR consistent with the provisions of
the current statute (49 U.S.C., Subtitle VII). As a result, OST will be
conducting a rulemaking to update the economic regulations by modifying
language to reflect current statutory provisions. See RIN 2105-AD86. OST's
plain language review indicates no need for substantial revision on that basis.
14 CFR part 302-Rules of Practice in Proceedings
Section 610: OST conducted a Section 610 review of this part and
found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation Act
was revised and recodified within Subtitle VII of Title 49 of the United States
Code (Pub. L. 103-272, July 5, 1994). Since the codification, the Department
has made numerous amendments to make the CFR consistent with the provisions of
the current statute (49 U.S.C., Subtitle VII). As a result, OST will be
conducting a rulemaking to update the economic regulations by modifying
language to reflect current statutory provisions. See RIN 2105-AD86. OST's
plain language review indicates no need for substantial revision on that basis.
14 CFR part 303-Review of Air Carrier Agreements
Section 610: OST conducted a Section 610 review of this part and
found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation Act
was revised and recodified within Subtitle VII of Title 49 of the United States
Code (Pub. L. 103-272, July 5, 1994). Since the codification, the Department
has made numerous amendments to make the CFR consistent with the provisions of
the current statute (49 U.S.C., Subtitle VII). As a result, OST will be
conducting a rulemaking to update the economic regulations by modifying
language to reflect current statutory provisions. See RIN 2105-AD86. OST's
plain language review indicates no need for substantial revision on that basis.
14 CFR part 305-Rules of Practice in Informal Nonpublic
Investigations
Section 610: OST conducted a Section 610 review of this part and
found no SEISNOSE.
General: Section 305 should be updated to reflect current
practice regarding procedures such as retention of evidence. The update will
be made in a rulemaking addressing other updates to the rules. See RIN
2105-AD86. OST's plain language review indicates no need for substantial
revision on that basis.
14 CFR part 313-Implementation of the Energy Policy and
Conservation Act
Section 610: OST conducted a Section 610 review of this part and
found no SEISNOSE.
General: These regulations would need to be updated to conform
with existing statute. However further analysis is needed because the statute applies
only to certain Title 49 actions. OST's plain language review indicates no
need for substantial revision on that basis.
14 CFR part 323-Terminations, Suspensions, and Reductions of
Service
Section 610: OST conducted a Section 610 review of this part and
found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation Act
was revised and recodified within Subtitle VII of Title 49 of the United States
Code (Pub. L. 103-272, July 5, 1994). Since the codification, the Department
has made numerous amendments to make the CFR consistent with the provisions of the
current statute (49 U.S.C., Subtitle VII). As a result, OST will be conducting
a rulemaking to update the economic regulations by modifying language to
reflect current statutory provisions. See RIN 2105-AD86. OST's plain language
review indicates no need for substantial revision on that basis.
14 CFR part 325-Essential Air Service Procedures
Section 610: OST conducted a Section 610 review of this part and
found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation Act
was revised and recodified within Subtitle VII of Title 49 of the United States
Code (Pub. L. 103-272, July 5, 1994). Since the codification, the Department
has made numerous amendments to make the CFR consistent with the provisions of
the current statute (49 U.S.C., Subtitle VII). As a result, OST will be
conducting a rulemaking to update the economic regulations by modifying
language to reflect current statutory provisions. See RIN 2105-AD86. OST's
plain language review indicates no need for substantial revision on that basis.
14 CFR part 330-Procedures For Compensation of Air Carriers
Section 610: OST conducted a Section 610 review of this part and
found no SEISNOSE.
General: Part 330 established procedures implementing the
airline compensation section of the Air Transportation Safety and System
Stabilization Act, which was enacted following the terrorist attacks of
September 11, 2001, Public Law 107-42, (Sept. 22, 2001) (the Stabilization
Act). Section 103 of the Stabilization Act appropriated up to $5 billion, to
be administered by the Department of Transportation, to compensate air carriers
for losses they incurred due to the attacks. Part 330 set out carrier
eligibility criteria, forms for applying for the compensation payments, details
on types of losses that would and would not be eligible for compensation, audit
procedures, and details on a set-aside program for certain air taxis, commuter
carriers, and other small carriers. Of the 427 applications processed, 407
applicants were deemed eligible under part 330. These carriers received
payments in a total amount of $4.6 billion. All eligible appropriations have
been completed and payments have now been processed and paid, and all functions
and responsibilities under this section have been fulfilled. As a result, Part
330 serves no further purpose and should be removed. See RIN 2105-AD86. OST's
plain language review indicates no need for substantial revision on that basis.
14 CFR part 372-Overseas Military Personnel Charters
Section 610: OST conducted a Section 610 review of this part and
found no SEISNOSE.
General: OST's general review of the regulations indicates that
they may be duplicative of other DOT regulations governing charters.
Therefore, OST will conduct a rulemaking to evaluate the necessity of part 372
and to rescind it if necessary. OST's plain language review of these rules
indicates no need for substantial revision on that basis.
Year 5 (fall 2012) List of rules analyzed and a summary
of results
14 CFR part 255-Airline Computer Reservations Systems
Section 610: OST conducted a Section 610 review of this part and
found no SEISNOSE.
General: This provision was promulgated with a termination date
of July 31, 2004, unless extended. The rule was not extended; therefore, it is
no longer in effect. These regulations were removed in a final rule under
RIN-2105-AE11.
14 CFR part 256-Electronic Airline Information Systems
Section 610: OST conducted a Section 610 review of this part and
found no SEISNOSE.
General: No changes needed. This regulation is cost effective
and imposes the least burden. OST's plain language review of this rule
indicates no need for substantial revision.
14 CFR part 257-Disclosure of Code-Sharing Arrangements and
Long Term Wet-Leases
Section 610: OST conducted a Section 610 review of this part and
found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation Act
was revised and recodified within Subtitle VII of Title 49 of the United States
Code (Pub. L. 103-272, July 5, 1994). Since the codification, the Department
has made numerous amendments to make the CFR consistent with the provisions of
the current statute (49 U.S.C., Subtitle VII). As a result, OST will be
conducting a rulemaking to update the economic regulations by modifying
language to reflect current statutory provisions. See RIN 2105-AD86. OST's
plain language review indicates no need for substantial revision on that basis.
14 CFR part 259 - Enhanced Protections for Airline Passenger
Section 610: OST conducted a Section 610 review of this part and
found no SEISNOSE.
General: This regulation would need updating to conform with
changes made in the FAA Extension, Safety, and Security Act of 2016. OST's
plain language review indicates no need for substantial revision.
14 CFR part 271-Guidelines for
Subsidizing Air Carriers Providing Essential Air Transportation
Section 610: OST conducted a Section 610 review of this part and
found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation Act
was revised and recodified within Subtitle VII of Title 49 of the United States
Code (Pub. L. 103-272, July 5, 1994). Since the codification, the Department
has made numerous amendments to make the CFR consistent with the provisions of
the current statute (49 U.S.C., Subtitle VII). As a result, OST will be
conducting a rulemaking to update the economic regulations by modifying
language to reflect current statutory provisions. See RIN 2105-AD86. OST's
plain language review indicates no need for substantial revision on that basis.
14 CFR part 272-Essential Air
Service to the Freely Associated States
Section 610: OST conducted a Section 610 review of this part and
found no SEISNOSE.
General: Part 272 established essential air service procedures for
the Freely Associated States comprising the Federated States of Micronesia
(Ponape, Truk and Yap), the Marshall Islands (Majuro and Kwajalein), and Koror
in Palau. The procedures include requirements for airlines to file notice
before suspending service, an obligation to continue to provide service when
subsidy is available, and carrier-selection criteria. Section 272.12 states,
"These provisions shall terminate on October 1, 1998, unless the essential
air service program to the Federated States of Micronesia, the Marshall Islands
and Palau is specifically extended by Congress." Congress did not extend the
program (Public Law 101-219, Sec. 110(b), (Dec.12,1989)). Thus, the statutory
basis for the regulation no longer exists and Part 272 should be removed.
See RIN 2105-AD86. OST's plain language review indicates no need for
substantial revision on that basis.
14 CFR part 291-Cargo Operations
in Interstate Air Transportation
Section 610: OST conducted a Section 610 review of this part and
found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation Act
was revised and recodified within Subtitle VII of Title 49 of the United States
Code (Pub. L. 103-272, July 5, 1994). Since the codification, the Department
has made numerous amendments to make the CFR consistent with the provisions of
the current statute (49 U.S.C., Subtitle VII). As a result, OST will be
conducting a rulemaking to update the economic regulations by modifying
language to reflect current statutory provisions. See RIN 2105-AD86. OST's
plain language review indicates no need for substantial revision on that basis.
14 CFR part 293-International
Passenger Transportation
Section 610: OST conducted a Section 610 review of this part and
found no SEISNOSE
General: No changes are needed. This regulation is
cost effective and imposes the least burden. OST's plain language review
of this rule indicates no need for substantial revision.
14 CFR part 294-Canadian Charter Air
Taxi Operators
Section 610: OST conducted a Section 610 review of this part and
found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation Act
was revised and recodified within Subtitle VII of Title 49 of the United States
Code (Pub. L. 103-272, July 5, 1994). Since the codification, the Department
has made numerous amendments to make the CFR consistent with the provisions of
the current statute (49 U.S.C., Subtitle VII). As a result, OST will be
conducting a rulemaking to update the economic regulations by modifying
language to reflect current statutory provisions. See RIN 2105-AD86. OST's
plain language review indicates no need for substantial revision on that basis.
14 CFR part 296-Indirect Air
Transportation of Property
Section 610: OST conducted a Section 610 review of this part and
found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation Act
was revised and recodified within Subtitle VII of Title 49 of the United States
Code (Pub. L. 103-272, July 5, 1994). Since the codification, the Department
has made numerous amendments to make the CFR consistent with the provisions of
the current statute (49 U.S.C., Subtitle VII). As a result, OST will be
conducting a rulemaking to update the economic regulations by modifying
language to reflect current statutory provisions. See RIN 2105-AD86. OST's
plain language review indicates no need for substantial revision on that basis.
14 CFR part 297-Foreign Air
Freight Forwarders and Foreign Cooperative Shippers Associations
Section 610: OST conducted a Section 610 review of this part and
found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation Act
was revised and recodified within Subtitle VII of Title 49 of the United States
Code (Pub. L. 103-272, July 5, 1994). Since the codification, the Department has
made numerous amendments to make the CFR consistent with the provisions of the
current statute (49 U.S.C., Subtitle VII). As a result, OST will be conducting
a rulemaking to update the economic regulations by modifying language to
reflect current statutory provisions. See RIN 2105-AD86. OST's plain language
review indicates no need for substantial revision on that basis.
14 CFR part 298-Exemptions for Air
Taxi and Commuter Air Carrier Operations
Section 610: OST conducted a Section 610 review of this part and
found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation Act
was revised and recodified within Subtitle VII of Title 49 of the United States
Code (Pub. L. 103-272, July 5, 1994). Since the codification, the Department
has made numerous amendments to make the CFR consistent with the provisions of
the current statute (49 U.S.C., Subtitle VII). As a result, OST will be
conducting a rulemaking to update the economic regulations by modifying
language to reflect current statutory provisions. See RIN 2105-AD86. OST's
plain language review indicates no need for substantial revision on that basis.
49 CFR part 40-Procedures for Transportation Workplace Drug and Alcohol
Testing Programs
Section 610: OST conducted a Section 610 review of this part and
found no SEISNOSE.
General: The OST review of this regulation indicated a need to
harmonize it with the Department of Health and Human Services requirements by
adding additional drugs requiring testing. OST's plain language review
indicated no need for substantial revision on that basis.
Year 5 (fall 2012) List of rules with ongoing analysis
14 CFR part 258 - Disclosure of Change-of-Gauge Services
14 CFR part 292-International
Cargo Transportation
Year 4 (fall 2011) List of rules analyzed and a summary
of results
14 CFR part 234 - Airline Service Quality Performance
Reports
Section 610: OST conducted a Section 610 review of this part and
found no SEISNOSE.
General: In December 2016, this part was reviewed as part of the
rule for Enhancing Airline Passenger Protections (see RIN 2105-AE11). Also,
OST is proposing a rulemaking action under RIN 2105-AE68 addressing how
carriers would report cancelled flights that are satisfied by a partner
airline. OST's plain language review indicated no need for substantial
revision on that basis.
14 CFR part 235 - Reports by Air Carriers on the Incidents
Involving Animals During Air Transport
Section 610: OST conducted a Section 610 review of this part and
found no SEISNOSE
General: No changes are needed. This regulation
is cost effective and imposes the least burden. OST's plain language
review of this rule indicates no need for substantial revision.
14 CFR part 240-Inspection
of Accounts and Property
Section 610: OST conducted a Section 610 review of this part and
found no SEISNOSE.
General: The review revealed that general updates are needed. All
changes are incorporated into the Aviation Clean-up Rule. See RIN 2105-AD86.
OST's plain language review indicates no need for substantial revision on that
basis.
14 CFR part 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: The reviews performed for the Aviation Clean-up Rule
(RIN 2105-AD86) revealed general updates are needed and all changes are
incorporated into this rule. OST's plain language review indicated no need for
substantial revision on that basis.
14 CFR part 243-Passenger Manifest Information
Section 610: OST conducted a Section 610 review of this part and
found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation Act
was revised and recodified within Subtitle VII of Title 49 of the United States
Code (Pub. L. 103-272, July 5, 1994). Since the codification, the Department
has made numerous amendments to make the CFR consistent with the provisions of
the current statute (49 U.S.C., Subtitle VII). As a result, OST will be
conducting a rulemaking to update the economic regulations by modifying
language to reflect current statutory provisions. See RIN 2105-AD86. OST's
plain language review indicates no need for substantial revision on that basis.
14 CFR part 244 - Reporting Tarmac Delay Data
Section 610: OST conducted a Section 610 review of this part and
found no SEISNOSE.
General: OST's review revealed that the language "a tarmac delay
of three hours or more," in section 244.3(a) is inaccurate and was the result
of a drafting oversight. The language should be amended to, "a tarmac delay
of more than three hours." Also, there was a field omission regarding the
information airlines must include as part of their Form 244 report. Subpart
244.3(a)(18) should be added with the language, "Total length of tarmac delay
over three hours." . As a result, OST will be conducting a rulemaking to
update the regulation by modifying language. OST's plain language review of
these rules indicates no need for substantial revision.
14 CFR part 247-Direct Airport-to-Airport Mileage Records
Section 610: OST conducted a Section 610 review of this part and
found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation Act
was revised and recodified within Subtitle VII of Title 49 of the United States
Code (Pub. L. 103-272, July 5, 1994). Since the codification, the Department
has made numerous amendments to make the CFR consistent with the provisions of
the current statute (49 U.S.C., Subtitle VII). As a result, OST will be
conducting a rulemaking to update the economic regulations by modifying
language to reflect current statutory provisions. See RIN 2105-AD86. OST's
plain language review indicates no need for substantial revision on that basis.
14 CFR part 248-Submission of Audit Reports
Section 610: OST conducted a Section 610 review of this part and
found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation Act
was revised and recodified within Subtitle VII of Title 49 of the United States
Code (Pub. L. 103-272, July 5, 1994). Since the codification, the Department
has made numerous amendments to make the CFR consistent with the provisions of
the current statute (49 U.S.C., Subtitle VII). As a result, OST will be
conducting a rulemaking to update the economic regulations by modifying
language to reflect current statutory provisions. See RIN 2105-AD86. OST's
plain language review indicates no need for substantial revision on that basis.
14 CFR part 249-Preservation of Air Carrier Records
Section 610: OST conducted a Section 610 review of this part and
found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation Act
was revised and recodified within Subtitle VII of Title 49 of the United States
Code (Pub. L. 103-272, July 5, 1994). Since the codification, the Department
has made numerous amendments to make the CFR consistent with the provisions of
the current statute (49 U.S.C., Subtitle VII). As a result, OST will be
conducting a rulemaking to update the economic regulations by modifying
language to reflect current statutory provisions. See RIN 2105-AD86. OST's
plain language review indicates no need for substantial revision on that basis.
14 CFR part 250-Oversales
Section 610: OST conducted a Section 610 review of this part and
found no SEISNOSE.
General: This part was last revised in August 2015 to adjust
denied boarding compensation amounts for inflation (80 FR 30144). OST is
considering revising several sections (250.5, 250.9, and 250.11) for plain
language. OST is also considering general revisions to conform with new rules
allowing for electronic payment of denied boarding compensation, and to account
for the prevalence of e-ticketing.
14 CFR part 251-Carriage of Musical Instruments
Section 610: OST conducted a Section 610 review of this part and
found no SEISNOSE.
General: This regulation implements section 403 of the FAA
Modernization and Reform Act of 2012 regarding the carriage of musical
instruments as carry-on baggage or checked baggage on commercial passenger
flights operated by air carriers. The rule text implements the statute
verbatim. There is no further action necessary.
14 CFR part 252-Smoking aboard aircraft
Section 610: OST conducted a Section 610 review of this part and
found no SEISNOSE.
General: This part was thoroughly revised in March 2016 (81 FR
11415). There is no further action necessary at this time. The rule is
currently being challenged in the DC Circuit (CEI vs. DOT; #16-1128).
Revisions may be required if the suit is successful. OST's plain language
review indicates no need for substantial revision on that basis.
14 CFR part 253-Notice of Terms of Contract of Carriage
Section 610: OST conducted a Section 610 review of this part and
found no SEISNOSE.
General: This part was last revised, in part, in April 2011
(76 FR 26163). OST has decided that additional editorial updates are needed
and to remove certain outdated language. OST has determined that Sections
253.1, 253.2, and 253.10 should be revised for plain language.
14 CFR part 254-Domestic Baggage Liability
Section 610: OST conducted a Section 610 review of this part and
found no SEISNOSE.
General: This part was last revised in August 2015 to adjust
domestic baggage liability limits (80 FR 30144). OST is considering revising
several sections (254.1 and 254.2) for plain language. No other revisions are
necessary.
14 CFR part 259 - Enhancing Protections for Airline
Passengers
Section 610: OST conducted a Section 610 review of this part and
found no SEISNOSE.
General: this part was last
revised in 2009, OST has determined that changes are needed to make sections
259.3 and 259.4 consistent with 49 U.S.C. - 42301. OST has a proposed
rulemaking action under RIN 2105-AE47 that would make the necessary updates to
this regulation. OST's plain language review indicates no need for substantial
revision on that basis.
Year 3 (fall 2010) List of rules analyzed and a summary
of results
14 CFR part 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. OST plain language review of
these rules indicates no need for substantial revision.
14 CFR part 214-Terms, Conditions, and Limitations of
Foreign Air Carrier Permits Authorizing Charter Transportation only
Section 610: OST conducted a Section 610 review of this part and
found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation Act
was revised and recodified within Subtitle VII of Title 49 of the United States
Code (Pub. L. 103-272, July 5, 1994). Since the codification, the Department
has made numerous amendments to make the CFR consistent with the provisions of
the current statute (49 U.S.C., Subtitle VII). As a result, OST will be
conducting a rulemaking to update the economic regulations by modifying
language to reflect current statutory provisions. See RIN 2105-AD86. OST's
plain language review indicates no need for substantial revision on that basis.
14 CFR part 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: Since this rule was enacted, the Federal Aviation Act
was revised and recodified within Subtitle VII of Title 49 of the United States
Code (Pub. L. 103-272, July 5, 1994). Since the codification, the Department
has made numerous amendments to make the CFR consistent with the provisions of
the current statute (49 U.S.C., Subtitle VII). As a result, OST will be
conducting a rulemaking to update the economic regulations by modifying
language to reflect current statutory provisions. See RIN 2105-AD86. OST's
plain language review indicates no need for substantial revision on that basis.
14 CFR part 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.
General: Since this rule was enacted, the Federal Aviation Act
was revised and recodified within Subtitle VII of Title 49 of the United States
Code (Pub. L. 103-272, July 5, 1994). Since the codification, the Department
has made numerous amendments to make the CFR consistent with the provisions of
the current statute (49 U.S.C., Subtitle VII). As a result, OST will be
conducting a rulemaking to update the economic regulations by modifying
language to reflect current statutory provisions. See RIN 2105-AD86. OST's
plain language review indicates no need for substantial revision on that basis.
14 CFR part 217-Reporting Traffic Statistics by Foreign Air
Carriers in Civilian Scheduled, Charter, and Nonscheduled Services
Section 610: OST conducted a Section 610 review of this part and
found no SEISNOSE.
General: The reviews performed for the Aviation Clean-up Rule
(RIN 2105-AD86) revealed general updates are needed. All changes are
incorporated into this rule. OST's plain language review indicated no need for
substantial revision on that basis.
14 CFR part 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: Since this rule was enacted, the Federal Aviation Act
was revised and recodified within Subtitle VII of Title 49 of the United States
Code (Pub. L. 103-272, July 5, 1994). Since the codification, the Department
has made numerous amendments to make the CFR consistent with the provisions of
the current statute (49 U.S.C., Subtitle VII). As a result, OST will be
conducting a rulemaking to update the economic regulations by modifying
language to reflect current statutory provisions. See RIN 2105-AD86. OST's
plain language review indicates no need for substantial revision on that basis.
14 CFR part 221-Tariffs
Section 610: OST conducted a Section 610 review of this part and
found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation Act
was revised and recodified within Subtitle VII of Title 49 of the United States
Code (Pub. L. 103-272, July 5, 1994). Since the codification, the Department
has made numerous amendments to make the CFR consistent with the provisions of
the current statute (49 U.S.C., Subtitle VII). As a result, OST will be
conducting a rulemaking to update the economic regulations by modifying language
to reflect current statutory provisions. See RIN 2105-AD86. OST's plain
language review indicates no need for substantial revision on that basis.
14 CFR part 222-Intermodal Cargo Services by Foreign Air
Carriers
Section 610: OST conducted a Section 610 review of this part and
found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation Act
was revised and recodified within Subtitle VII of Title 49 of the United States
Code (Pub. L. 103-272, July 5, 1994). Since the codification, the Department
has made numerous amendments to make the CFR consistent with the provisions of
the current statute (49 U.S.C., Subtitle VII). As a result, OST will be
conducting a rulemaking to update the economic regulations by modifying
language to reflect current statutory provisions. See RIN 2105-AD86. OST's
plain language review indicates no need for substantial revision on that basis.
14 CFR part 223-Free and Reduced-Rate Transportation
Section 610: OST conducted a Section 610 review of this part and
found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation Act
was revised and recodified within Subtitle VII of Title 49 of the United States
Code (Pub. L. 103-272, July 5, 1994). Since the codification, the Department
has made numerous amendments to make the CFR consistent with the provisions of
the current statute (49 U.S.C., Subtitle VII). As a result, OST will be
conducting a rulemaking to update the economic regulations by modifying
language to reflect current statutory provisions. See RIN 2105-AD86. OST's
plain language review indicates no need for substantial revision on that basis.
14 CFR part 232-Transportation of Mail, Review of Orders of
Postmaster General
Section 610: OST conducted a Section 610 review of this part and found
no SEISNOSE.
General: Part 232 established procedures for a party
aggrieved by an order of the Postmaster General to request a review by DOT. In
2008, amendments to 49 U.S.C. - 41902 removed from the statute the authority
for the Secretary of Transportation to amend, modify, suspend, or cancel an
order of the Postal Service (Pub. L. 110-405, Jan. 4, 2008). Accordingly, the
statutory basis for Part 232 regulations no longer exists and Part 232 should
be removed. See RIN 2105-AD86. OST's plain language review indicates no need
for substantial revision on that basis.
Year 2 (fall 2009) List of
rules with ongoing analysis
48 CFR part 1200 - [Reserved]
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 1212 - [Reserved]
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 1218 - [Reserved]
48 CFR part 1219 - Small Business Programs
48 CFR part 1220 - 1221 - [Reserved]
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 1225-1226- [Reserved]
48 CFR part 1227 - Patents, Data, and Copyrights
48 CFR part 1228 - Bonds and Insurance
48 CFR part 1229-130 - [Reserved]
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 1238 - [Reserved]
48 CFR part 1239 - Acquisition of Information Technology
48 CFR part 1240-1241 - [Reserved]
48 CFR part 1242 - Contract Administration and Audit
Services
48 CFR part 1243-1244 - [Reserved]
48 CFR part 1245 - Government Property
48 CFR part 1246 - Quality Assurance
48 CFR part 1247 - Transportation
48 CFR part 1248-1251 - [Reserved]
48 CFR part 1252 - Solicitation Provisions and Contract Clauses
48 CFR part 1253 - Forms
48 CFR part 1254-1299 - Reserved
Year 1 (fall 2008) List of
rules analyzed and a summary of results
49 CFR part 91-International Air
Transportation Fair Competitive Practices
Section 610: OST conducted a Section 610 review of this part and
found no SEISNOSE.
General: Since this rule was enacted, the International Air
Transportation Fair Competitive Practices Act of 1974 was revised and recodified
within Subtitle VII of Title 49 of the United States Code (Pub. L. 103-272,
July 5, 1994). Furthermore, under the Airline Deregulation Act of 1978, the
authority of the Civil Aeronautics Board was transferred to the Department of
Transportation. As a result, OST will seek to conduct a rulemaking to rescind
the rule. OST's plain language review indicates no need for substantial
revision on that basis.
49 CFR part 92-Recovering Debts to
the United States by Salary Offset
Section 610: OST conducted a Section 610 review of this part and
found no SEISNOSE.
General: Changes are needed to make the regulations current
regarding certain administrative updates and removal of outdated language.
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
Section 610: OST conducted a Section 610 review of this part and
found no SEISNOSE.
General: Upon OST review of this rule it is recommended that to
regulation is repealed. However, before moving forward DOT will need to
ascertain if this action would impact DOD's implementation of the Civil Reserve
Air fleet Program. OST's plain language review of these rules indicates no
need for substantial revision.
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: OST is considering a rulemaking to rescind this rule
since there is already adequate procedure for referral of violations of the
criminal post-Government employment rules to the Inspector General or the
Department of Justice. See 5 CFR 2638.502,
49 CFR part 99-Employee
Responsibilities and Conduct
Section 610: OST conducted a Section 610 review of this part and
found no SEISNOSE
General: Recommend rulemaking to rescind this rule.
14 CFR part
200-Definitions and Instructions
Section 610: OST conducted a Section 610 review of this part and
found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation Act
was revised and recodified within Subtitle VII of Title 49 of the United States
Code (Pub. L. 103-272, July 5, 1994). Since the codification, the Department
has made numerous amendments to make the CFR consistent with the provisions of
the current statute (49 U.S.C., Subtitle VII). As a result, OST will be
conducting a rulemaking to update the economic regulations by modifying
language to reflect current statutory provisions. See RIN 2105-AD86. OST's
plain language review indicates no need for substantial revision on that basis.
14 CFR part 201-Air Carrier Authority Under Subtitle VII of
Title 49 of the United States Code [Amended]
Section 610: OST conducted a Section 610 review of this part and
found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation Act
was revised and recodified within Subtitle VII of Title 49 of the United States
Code (Pub. L. 103-272, July 5, 1994). Since the codification, the Department
has made numerous amendments to make the CFR consistent with the provisions of
the current statute (49 U.S.C., Subtitle VII). As a result, OST will be
conducting a rulemaking to update the economic regulations by modifying
language to reflect current statutory provisions. See RIN 2105-AD86. OST's
plain language review indicates no need for substantial revision on that basis.
14 CFR part 203-Waiver of Warsaw Convention Liability Limits
and Defenses
Section 610: OST conducted a Section 610 review of this part and
found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation Act
was revised and recodified within Subtitle VII of Title 49 of the United States
Code (Pub. L. 103-272, July 5, 1994). Since the codification, the Department
has made numerous amendments to make the CFR consistent with the provisions of
the current statute (49 U.S.C., Subtitle VII). As a result, OST will be
conducting a rulemaking to update the economic regulations by modifying
language to reflect current statutory provisions. See RIN 2105-AD86. OST's
plain language review indicates no need for substantial revision on that basis.
14 CFR part 204-Data to Support Fitness Determinations
Section 610: OST conducted a Section 610 review of this part and
found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation Act
was revised and recodified within Subtitle VII of Title 49 of the United States
Code (Pub. L. 103-272, July 5, 1994). Since the codification, the Department
has made numerous amendments to make the CFR consistent with the provisions of
the current statute (49 U.S.C., Subtitle VII). As a result, OST will be
conducting a rulemaking to update the economic regulations by modifying
language to reflect current statutory provisions. See RIN 2105-AD86. OST's
plain language review indicates no need for substantial revision on that basis.
14 CFR part 205-Aircraft Accident Liability Insurance
Section 610: OST conducted a Section 610 review of this part and
found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation Act
was revised and recodified within Subtitle VII of Title 49 of the United States
Code (Pub. L. 103-272, July 5, 1994). Since the codification, the Department
has made numerous amendments to make the CFR consistent with the provisions of
the current statute (49 U.S.C., Subtitle VII). As a result, OST will be conducting
a rulemaking to update the economic regulations by modifying language to
reflect current statutory provisions. See RIN 2105-AD86. OST's plain language
review indicates no need for substantial revision on that basis.
14 CFR part 206-Certificates of Public Convenience and
Necessity: Special Authorizations and Exemptions
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 207-Charter Trips by U.S. Scheduled Air Carriers
Section 610: OST conducted a Section 610 review of this part and
found no SEISNOSE.
General: OST's general review of the regulations indicates that
they may be duplicative of the regulations of 14 CFR part 212. Therefore, OST
will conduct a rulemaking to evaluate the necessity of part 207 and to rescind
it if necessary. See RIN 2105-AD86. OST's plain language review of these
rules indicates no need for substantial revision on that basis.
14 CFR part 208-Charter Trips by U.S. Charter Air Carriers
Section 610: OST conducted a Section 610 review of this part and
found no SEISNOSE.
General: OST's general review of the regulations indicates that
they may be duplicative of the regulations of 14 CFR part 212. Therefore, OST
will conduct a rulemaking to evaluate the necessity of part 208 and to rescind
it if necessary. See RIN 2105-AD86. OST's plain language review of these
rules indicates no need for substantial revision on that basis.
14 CFR part 211-Applications for Permits to Foreign Air
Carriers
Section 610: OST conducted a Section 610 review of this part and
found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation Act
was revised and recodified within Subtitle VII of Title 49 of the United States
Code (Pub. L. 103-272, July 5, 1994). Since the codification, the Department
has made numerous amendments to make the CFR consistent with the provisions of
the current statute (49 U.S.C., Subtitle VII). As a result, OST will be
conducting a rulemaking to update the economic regulations by modifying
language to reflect current statutory provisions. See RIN 2105-AD86. OST's
plain language review indicates no need for substantial revision on that basis.
14 CFR part 212-Charter Rules for U.S. and Foreign Direct
Air Carriers
Section 610: OST conducted a Section 610 review of this part and
found no SEISNOSE.
General: Since this rule was enacted, the Federal Aviation Act
was revised and recodified within Subtitle VII of Title 49 of the United States
Code (Pub. L. 103-272, July 5, 1994). Since the codification, the Department
has made numerous amendments to make the CFR consistent with the provisions of
the current statute (49 U.S.C., Subtitle VII). As a result, OST will be
conducting a rulemaking to update the economic regulations by modifying
language to reflect current statutory provisions. See RIN 2105-AD86. OST's
plain language review indicates no need for substantial revision on that basis.
FEDERAL AVIATION ADMINISTRATION
SECTION 610 AND OTHER REVIEWS
Section 610 Review Plan and Summary
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 417 through 460
|
2017
|
2018
|
2
|
14 CFR parts 119 through 129 and parts 150 through 156
|
2018
|
2019
|
3
|
14 CFR parts 133 through 139 and parts 157 through 169
|
2019
|
2020
|
4
|
14 CFR parts 141 through 147 and parts 170 through 187
|
2020
|
2021
|
5
|
14 CFR parts 189 through 198 and parts 1 through 16
|
2021
|
2022
|
6
|
14 CFR parts 17 through 33
|
2022
|
2023
|
7
|
14 CFR parts 34 through 39 and parts 400 through 405
|
2023
|
2024
|
8
|
14 CFR parts 43 through 49 and parts 406 through 415
|
2014
|
2025
|
9
|
14 CFR parts 60 through 77
|
2025
|
2026
|
10
|
14 CFR parts 91 through 105
|
2026
|
2027
|
Background on the Regulatory Flexibility Act
The Regulatory Flexibility Act of 1980 as
amended (RFA), (-- 601 through 612 of Title 5, United States Code (5 U.S.C.))
requires Federal regulatory agencies to analyze all proposed and final rules to
determine their economic impact on small entities, which includes small
businesses, small organizations, and small governmental jurisdictions. The
primary purpose of the RFA is to establish as a principle of regulatory
issuance that Federal agencies endeavor, consistent with the objectives of the
rule and applicable statutes, to fit regulatory and informational requirements
to the scale of entities subject to the regulation. The FAA performed the
required RFA analyses of each final rulemaking action and amendment it has
initiated since enactment of the RFA in 1980.
Section 610 of 5 U.S.C. requires
government agencies to periodically review all regulations that will have a
SEISNOSE. The FAA must analyze each rule within 10 years of its publication
date.
Defining SEISNOSE
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:
Review of the number of small entities affected by the amendments
to parts 417 through 460.
Identification and analysis of all amendments to parts 417
through 460 since 2007 to determine whether any still have or now have a
SEISNOSE.
Review of the FAA Office of Aviation Policy, and Plans regulatory
flexibility assessment of each amendment performed as required by the RFA.
Year 2 (2018) List of rules to be analyzed the next
year
14 CFR part
119 - Certification: Air Carriers and Commercial Operators
14 CFR part
120 - Drug and Alcohol Testing Program
14 CFR part 121 - Operating Requirements: Domestic, Flag,
and Supplemental Operations
14 CFR part 125 - Certification and Operations: Airplanes
Having a Seating Capacity of 20 or More Passengers or a Maximum Payload
Capacity of 6,000 Pounds or More; and Rules Governing Persons on Board Such
Aircraft
14 CFR part 129 - Operations: Foreign Air Carriers and
Foreign Operators of U.S.-Registered Aircraft Engaged in Common Carriage
14 CFR part
150 - Airport Noise Compatibility Planning
14 CFR part
151 - Federal Aid to Airports
14 CFR part
152 - Airport Aid Program
14 CFR part
153 - Airport Operations
14 CFR part 155 - Release of Airport Property from Surplus
Property Disposal Restriction
14 CFR part
156 - State Block Grant Pilot Program
Year 1 (2017) List of rules analyzed and summary of
results
14 CFR part 417 - Launch Safety
Section 610: The agency conducted a Section 610 review of this
part and found
Amendment No. 417-5, 81 FR
59439, Aug. 30, 2016. Amendment 91-314, 75 FR 30193, May 28, 2010; Amendment
91-314, 75 FR 30193, May 28, 2010; and Amendment 91-330, 79 FR 9972, Feb. 21,
2014 trigger SEISNOSE within the meaning of the RFA.
General: No changes are needed. The FAA has considered a number
of alternatives in attempts to lower compliance costs for small entities, but
could not go forward with the lower cost alternatives without compromising the
safety for the industry. FAA's plain language review of these rules indicates no
need for substantial revision.
14 CFR part
420 - License to Operate a Launch Site
Section 610: The agency 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. FAA's plain language review of
these rules indicates no need for substantial revision.
14 CFR part
431 - Launch and Reentry of a Reusable Launch Vehicle (RLV)
Section 610: Section 610: The agency conducted a Section 610
review of this part and found there were no amendments since 2016. Therefore,
part 99 does not trigger SEISNOSE.
General: No changes are needed. FAA's plain language
review of these rules indicates no need for substantial revision.
14 CFR part
433 - License to Operate a Reentry Site
Section 610: The agency 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. FAA's plain language review of
these rules indicates no need for substantial revision.
14 CFR part 435 - Reentry of a Reentry Vehicle Other than a
Reusable Launch Vehicle (RLV)
Section 610: The agency conducted a Section 610 review of this
part and found there were no amendments since 2016. Therefore, part 99 does not
trigger SEISNOSE.
General: No changes are needed. FAA's plain language
review of these rules indicates no need for substantial revision.
14 CFR part
437 - Experimental Permits
Section 610: The agency 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. FAA's plain language review of
these rules indicates no need for substantial revision.
14 CFR part
440 - Financial Responsibility
Section 610: Section 610: The agency conducted a Section 610
review of this part and found there were no amendments since 2016. Therefore,
part 99 does not trigger SEISNOSE.
General: No changes are needed. FAA's plain language
review of these rules indicates no need for substantial revision.
14 CFR part
460 - Human Space Flight Requirements
Section 610: The agency 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. FAA's plain language review of
these rules indicates no need for substantial revision.
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 parts 710 to 924
|
2014
|
2015
|
8
|
23 CFR parts 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 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 highway 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
9 (fall 2016) List of rules analyzed and a summary of results
23 CFR
part 1200-Uniform procedures for State highway safety grant 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.
23 CFR
part 1208-National minimum drinking age
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
FR part 1210-Operation of motor vehicles by intoxicated minors
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 1215-Use of safety belts - compliance and
transfer-of-funds procedures
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 1225-Uniform system for parking for
persons with disabilities
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 1240-Safety incentive grants for use of
seat belts - allocations based on seat belt use rates
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
10 (fall 2017) List of rules that will be analyzed during the next year
New Parts and Subparts since 2008 that have not undergone
review
23 CFR part 490 - National Performance Management Measures
23 CFR part 505 - Projects of National and Regional Significance
Evaluation and Rating
23 CFR part 511 - Real-Time System Management Information
Program
23 CFR part 650 Subpart E - National Tunnel Inspection
Standards
FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION
SECTION 610 AND OTHER REVIEWS
Year
|
Regulations To Be Reviewed
|
Analysis Year
|
Review Year
|
1
|
49 CFR part 372, subpart A
|
2008
|
2009
|
2
|
49 CFR part 386
|
2009
|
2010
|
3
|
49 CFR parts 325 and 390 (General)
|
2010
|
2011
|
4
|
49 CFR parts 390 (Small Passenger-Carrying Vehicles), 391
to 393 and 396 to 399
|
2011
|
2012
|
5
|
49 CFR part 387
|
2012
|
2013
|
6
|
49 CFR parts 360, 365, 366, 368, 374, 377, and 378
|
2013
|
2014
|
7
|
49 CFR parts 356, 367, 369, 370, 371, 372 (subparts B and
C)
|
2014
|
2015
|
8
|
49 CFR parts 373, 376, and 379
|
2015
|
2016
|
9
|
49 CFR part 375
|
2016
|
2017
|
10
|
49 CFR part 395
|
2017
|
2018
|
Year 8 (fall 2014) List of
rules and a summary of results
49 CFR
part 373-Receipts and Bills
Section 610: There is no SEIOSNOSE.
FMCSA requires certain motor carriers and freight forwarders to issue and
retain a receipt or bill of lading for property tendered for transportation in
interstate or foreign commerce.
General: These regulations are cost effective and impose almost
no additive financial burden upon the carrier. Retaining billing information
constitutes a prudent business practice which would likely be required for tax
and customer service purposes. The rule is written in clear and unambiguous
language, and should be retained.
49 CFR part 376-Lease and Interchange of Vehicles
Section 610: There is no SEIOSNOSE. FMCSA requires certain
authorized carriers that transport equipment (that it does not own) to retain a
lease, and maintain appropriate equipment records.
General: These regulations are cost effective and impose almost
no additive financial burden upon the carrier. The rule principally defines
the conditions by which certain carriers must retain leasing documents,
insurance, financial and other related documentation. The stipulations in the
rule are consistent with prudent business practices in support of customer
service, accident liability, and financial matters. The rule takes great pains
to "exempt" carriers, is written in clear and unambiguous language, and should
be retained.
49 CFR part 379-Preservation of Records
Section 610: There is no SEIOSNOSE. The rule requires certain
companies to retain, protect, store, and as appropriate, dispose of records in
accordance with minimum retention periods stipulated in appendix A of part 379.
General: These regulations are cost effective and impose almost
no additive financial burden upon the carrier. Retaining financial,
contractual, property/equipment, taxes, shipping and other supporting business
documents represent a prudent business practice which the carrier should
already be doing. The rule is written in clear and unambiguous language and
should be retained.
Year 9 (2015) List of
rules with ongoing analysis
49 CFR part 375-Transportation of household goods
in interstate commerce; consumer protection regulations
Year 10 (2016) List
of rules that will be analyzed during the next year
49 CFR part 395- Hours of Service of Drivers
NATIONAL HIGHWAY TRAFFIC
SAFETY ADMINISTRATION
SECTION 610 AND OTHER
REVIEWS
Year
|
Regulations to be reviewed
|
Analysis Year
|
Review Year
|
1
|
49 CFR parts 571.223 through 571.500, and parts 575 and 579
|
2008
|
2009
|
2
|
23 CFR parts 1200 through
1300
|
2009
|
2010
|
3
|
49 CFR parts 501 through
526 and 571.213
|
2010
|
2011
|
4
|
49 CFR parts 571.131, 571.217, 571.220, 571.221, and 571.222
|
2011
|
2012
|
5
|
49 CFR parts 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 parts 571.111 through 571.129 and parts 580 through 588
|
2014
|
2015
|
8
|
49 CFR parts 571.201 through 571.212
|
2015
|
2016
|
9
|
49 CFR parts 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 9 (fall 2016) list of
rules with ongoing analysis
49 CFR part 571.214-Side Impact Protection
49 CFR part 571.215-[Reserved]
49 CFR part 571.216-Roof Crush Resistance; Applicable Unless a Vehicle Is
Certified to 571.216a
49 CFR part 571.216a-Roof Crush Resistance; Upgraded Standard
49 CFR part 571.218-Motorcycle Helmets
49 CFR part 571.219-Windshield Zone Intrusion
Year 10 (fall 2017) list
of rules that will be analyzed during the next year
Part 591 Importation of
Vehicles and Equipment Subject to Federal Safety, Bumper and Theft Prevention
Standards
Part 592 Registered
Importers of Vehicles not Originally Manufactured to conform to the Federal
Motor Vehicle Safety Standards
Part 593 Determinations that
a vehicle not originally manufactured to conform to the federal motor vehicle
safety standards is eligible for importation
Part 594 Schedule of Fees
authorized by 49 U.S.C. 30141
Part 595 Make Inoperative
Exemptions
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, and 240
|
2017
|
2018
|
Year 9 (Fall 2016) List of rules analyzed and a summary
of results
49 CFR part 222 - Use of Locomotive Horns at Public
Highway-Rail Grade Crossings
Section 610: There is no SEIOSNOSE.
General: The purpose of this rule is to provide for safety at
public highway-rail grade crossings by requiring 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 of substantial revision.
49 CFR part 227 - Occupational Noise Exposure
Section 610: There is no SEIOSNOSE.
General: The main objective of the rule is to protect the
occupational health and safety of employees whose predominant noise exposure
occurs in the locomotive cab. The rule prescribes minimum Federal health and
safety noise standards for locomotive cab occupants. This rule does not
restrict a railroad or railroad contractor from adopting and enforcing
additional or more stringent requirements. FRA's plain language review of this
rule indicates no need for substantial revision.
49 CFR part 235 - Instructions Governing Applications for
Approval of a Discontinuance or Material Modification of a Signal System or
Relief from the Requirements of Part 236
Section 610: There is no SEIOSNOSE.
General: Since the rule prescribes instructions regarding
applications for approval of a discontinuance or material modification of a
signal system or relief from the requirements of Part 236, it promotes and
enhances the safety of railroad operations. FRA's plain language review of this
rule indicates no need for substantial revision
49 CFR part 236 - Rules, Standards and Instructions
Governing the Installation, Inspection, Maintenance and Repair of Signal and
Train Control Systems, Devices and Appliances
Section 610: There is no SEIOSNOSE.
General: Since the rule prescribes standards and instructions
about the installation, inspection, maintenance and repair of signal and train
control systems, devices and appliances, and performance-based safety standards
for PTC systems, it will promote and enhance the safety of railroad operations.
FRA's plain language review of this rule indicates no need for substantial revision.
49 CFR part 250 - Guarantee of Certificates of Trustees of
Railroads in Reorganization
Section 610: There is no SEIOSNOSE.
General: The purpose of this rule is to describe the requirements
regarding form and content of applications, required exhibits, fees, execution
and filing of applications and general instructions to obtain guarantee of
certificates by the Secretary of Transportation for trustees of railroads in
reorganization under the former Section 77 of the Bankruptcy Act. FRA's plain
language review of this rule indicates no need for substantial revision.
49 CFR part 260 - Regulations Governing Loans and Loan
Guarantees under the Railroad Rehabilitation and Improvement Financing Program
Section 610: The Railroad Rehabilitation and Improvement
Financing Program, which operates under regulations in 49 CFR part 260
"Regulations Governing Loans and Loan Guarantees under the Railroad
Rehabilitation and Improvement Financing Program", are now administered by
the Executive Director of the Build America Bureau. The Build America
Bureau is reviewing the regulations to determine what updates are necessary.
General: The purpose of this rule is to provide direct loans and
loan guarantees to eligible applicants, including State and local governments,
government sponsored authorities and corporations and railroads. FRA is
assessing in, consultation with the Build America Bureau, how to revise 49 CFR
Part 260 to reflect the RRIF program transfer. FRA is not rescinding the
regulations at this time because the Build America Bureau necessarily relies on
certain sections under Part 260 in administering the RRIF program.
49 CFR Part 266 - Assistance to States for Local Rail
Service under Section 5 of the Department of Transportation Act
Section 610: There is no SEIOSNOSE.
General: The purpose of the rule is to provide assistance to
States for local rail service which includes: rail service continuation
assistance; acquisition assistance; rehabilitation or improvement assistance;
substitute service assistance; rail facility construction assistance; planning
assistance; and program operations assistance. However, there are special
limitations on planning assistance and program operations assistance. No
appropriations are currently available for providing the assistance. FRA is
currently evaluating whether 49 CFR Part 266 should be rescinded because FRA
does not anticipate future funding of the programs concerned.
Year 10 (Fall 2017) List of rule(s) that will be analyzed
during next year
49 CFR part 213 - Track Safety Standards
49 CFR part 220 - Railroad Communications
49 CFR part 230 - Steam Locomotive Inspection and
Maintenance Standards
49 CFR part 232 - Brake System Safety Standards for Freight
and Other Non-Passenger Trains and Equipment; End of Train Devices
49 CFR part 239 - Passenger Train Emergency Preparedness
49 CFR part 240 - Qualification and Certification of
Locomotive Engineers
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 9 (fall 2016) List of rules analyzed and summary of
results
49 CFR part 659-Rail Fixed Guideway Systems; State Safety
Oversight
Section 610: The agency has determined that the rule
continues to not have a significant effect on a substantial number of small
entities. Pursuant to the Moving Ahead for Progress in the 21st Century
Act (MAP-21) (Pub. L. 112-141, July 6, 2012), FTA has established a
comprehensive public transportation safety program, one element of which is the
State Safety Oversight (SSO) Program. (See 49 U.S.C. 5329). FTA has issued a
revised SSO Program regulation (49 CFR part 674) which became effective April
15, 2016; however, Part 659 will remain in effect until April 14, 2019 at which
time it will sunset. In the interim, SSO Agencies will revise their programs
to meet the requirements of Part 674. Prior to publication of the final rule
(81 FR 14229, March 16, 2016), FTA evaluated the likely effect of the proposals
as required by the Regulatory Flexibility Act, and determined that this rule
will have no SEISNOSE. Like Part 659, the parties subject to the rule are those
states that must carry out the oversight of rail fixed guideway public
transportation systems within their jurisdictions.
General: Congress enacted the Moving Ahead for Progress in
the 21st Century Act (MAP-21) (Pub. L. 112-141, July 6, 2012). FTA promulgated
a new rule, 49 CFR part 674, to implement the MAP-21 requirements which require
a state to oversee the safety and security of rail fixed guideway systems
within its jurisdiction. Pursuant to MAP-21, Part 659 will be rescinded in
April 2019; that is, three-years following the effective date of the Part 674.
Meanwhile, states will revise their SSO programs to conform to the new MAP-21
requirements. Part 674 specifies that a state must have its new program
standard certified by FTA. In addition, a state must demonstrate its SSOA's
financial and legal independence from the RTAs it oversees and demonstrate its
ability to effectively oversee the safety of the rail fixed guideway public
transportation systems throughout the state. FTA's plain language review of
this rule indicates no need for substantial revision.
49 CFR part 663-Pre-Award and Post-Delivery Audits of
Rolling Stock Purchases
Section 610: FTA conducted a Section 610 review of this
part and found no SEISNOSE.
General: The rule was promulgated to assist transit agencies
conducting pre-award and post-delivery audits of rolling stock procurements, as
required under 49 U.S.C. 5323(m). The agency has determined that the rule is
cost-effective and imposes the least possible burden on small entities. FTA's
plain language review of this rule indicates no need for substantial revision.
Year 10 (fall 2017)-List of rule(s) that will be
analyzed this year
49 CFR part 665-Bus Testing
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 parts 221, 298, 308, and 309
|
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 8 (2015) List of rules with ongoing analysis
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 370-Claims
46 CFR part 381-Cargo preference-U.S.-flag vessels
Year 9 (2016) List of rules with ongoing analysis
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
46 CFR part 385-Research and development grant and
cooperative agreements regulations
46 CFR part 386-Regulations governing public buildings and
grounds at the United States Merchant Marine Academy
46 CFR part 387-Utilization and disposal of surplus Federal
real property for development or operation of a port facility
46 CFR part 388-Administrative waivers of the Coastwise
Trade Laws
46 CFR part 389-Determination of availability of
coast-wise-qualified vessels for transportation of platform jackets
Year 10 (2017) List of rules that will be analyzed during
the next year
46 CFR part 390-Capital Construction Fund implementing
regulations
46 CFR part 391-Federal Income Tax Aspects of the Capital
Construction Fund
46 CFR part 393-America's Marine Highway Program
implementing regulations
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 and 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 9 (fall 2017) List of
rules analyzed and a summary of results
49 CFR parts 172, 173, 174, 176,
and 177- Hazardous Materials Table, Special Provisions, Hazardous Materials
Communications, Emergency Response Information, Training Requirements, and
Security Plans; Shippers - General Requirements for Shipments and Packagings;
Carriage by Rail; Carriage by Vessel; and Carriage by Public Highway.
Section 610: There is no SEIOSNOSE. A substantial number of
small entities may be affected by this rule, but the economic impact on those
entities is not significant. Plain Language: PHMSA's plain language review of
this rule indicates no need for substantial revision. Where confusing or wordy
language has been identified, revisions will be proposed in the upcoming
biennial international harmonization rulemaking.
General: On March 30, 2017, PHMSA issued a final rule titled
"Hazardous Materials: Harmonization with International Standards" that amended
the Hazardous Materials Regulations (HMR) to maintain consistency with
international regulations and standards by incorporating various amendments,
including changes to proper shipping names, hazard classes, packing groups,
special provisions, packaging authorizations, air transport quantity
limitations, and vessel stowage requirements (82 FR 15796). These revisions
were necessary to harmonize the HMR with recent changes made to the
International Maritime Dangerous Goods (IMDG) Code, the International Civil
Aviation Organization's Technical Instructions (ICAO TI) for the Safe Transport
of Dangerous Goods by Air, and the United Nations (UN) Recommendations on the
Transport of Dangerous Goods-Model Regulations. Additionally, PHMSA adopted
several amendments to the HMR that resulted from coordination with Canada under
the U.S.-Canada Regulatory Cooperation Council.
This rulemaking action is part of
our ongoing biennial process to harmonize the 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 hazmat law
permits PHMSA to depart from international standards where appropriate,
including to promote safety or other overriding public interests. However,
Federal hazmat 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 it will have on small entities is not expected to be significant. The
final rule clarified provisions based on PHMSA's initiatives and correspondence
with the regulated community and domestic and international stakeholders. The
changes are generally intended to provide relief and, as a result, marginal
positive economic benefits to shippers, carriers, and packaging manufacturers
and testers, including small entities. These benefits are not at a level that
can be considered economically significant. Consequently, this final rule will
not have a significant economic impact on a substantial number of small
entities. PHMSA's plain language review of this rule indicates no need for
substantial revision.
49 CFR part 193-Liquefied
Natural Gas Facilities: Federal Safety Standards
Section 610: There is no SEIOSNOSE.
General: This rule prescribes safety standards for LNG facilities
used in the transportation of gas by pipeline that is subject to the pipeline
safety laws (49 U.S.C. 60101 et seq.) and Part 192. PHMSA's plain language
review of this rule indicates no need for substantial revision.
Year 10 (fall 2018) List of rules that will be analyzed
during the next year
49 CFR part 173-Shippers-General Requirements for Shipments
and Packagings
49 CFR part 194-Response Plans for Onshore Oil Pipelines
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
|
2017
|
2018
|
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