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, enabling 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 being 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.
For example, the National Highway Traffic Safety Administration (NHTSA) is working on reducing regulatory barriers to technology innovation, including the development of autonomous vehicles. Autonomous vehicles are expected to increase safety significantly by reducing the likelihood of human error when driving, which today accounts for the overwhelming majority of accidents on our nation's roadways. NHTSA plans to issue rulemakings that; (1) define a pilot program of limited duration for vehicles that may not meet FMVSS; (2) allow for permanent updates to current FMVSS reflecting new technology; and (3) allow for updates to NHTSA's regulations outlining the administrative processes for petitioning the agency for exemptions, rulemakings, and reconsiderations.
Similarly, the Federal Aviation Administration (FAA) is working to enable, safely and efficiently, the integration of unmanned aircraft systems (UAS) into the National Airspace System. UAS are expected to continue to drive innovation and increase safety as operators and manufacturers find new and inventive uses for UAS. For instance, UAS are poised to assist human operators with a number of different mission sets such as inspection of critical infrastructure and search and rescue, enabling beneficial and lifesaving activities that would otherwise be difficult or even impossible for a human to accomplish unassisted. The Department has regulatory efforts underway to further integrate UAS safely and efficiently.
The Department is also currently working on several rulemakings to facilitate a major transformation of our national space program from one in which the federal government has a primary role to one in which private industry drives growth in innovation and launches. Specifically, the Department is working on rules to: (1) clarify, streamline, and update FAA's commercial space transportation regulations; (2) provide operators flexibility for protecting ships from a nearby commercial space launch or reentry; (3) streamline and improve FAA's commercial space transportation rulemaking and petition procedures; and (4) codify certain statutory requirements, increasing clarity for industry. Explanation of Information in the Agenda
An Office of Management and Budget memorandum, dated January 29, 2018, establishes 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; (15) the action's designation under Executive Order 13771 explaining whether the action will have a regulatory or deregulatory effect; and (16) 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.
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. A portion of the Agenda is published in the Federal Register, however, because the Regulatory Flexibility Act (5 U.S.C. 602) mandates publication for the regulatory flexibility agenda. Accordingly, DOT's printed Agenda entries include only:
1. The agency's Agenda preamble;
2. Rules that are in the agency's regulatory flexibility agenda, in accordance with the Regulatory Flexibility Act, because they are likely to have a significant economic impact on a substantial number of small entities; and
3. Any rules that the agency has identified for periodic review under section 610 of the Regulatory Flexibility Act.
Printing of these entries is limited to fields that contain information required by the Regulatory Flexibility Act's Agenda requirements. These elements are: Sequence Number; Title; Section 610 Review, if applicable; Legal Authority; Abstract; Timetable; Regulatory Flexibility Analysis Required; Agency Contact; and Regulation Identifier Number (RIN). Additional information (for detailed list, see section heading "Explanation of Information on the Agenda") on these entries is available in the Unified Agenda published on the Internet.
Request for Comments
General
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 account 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: February 22, 2018.
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- Kathryn Gresham, Office of Chief Counsel, 1200 New Jersey Avenue SE, Washington, DC 20590; telephone (202) 493-6063.
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 Executive Order 12866, "Regulatory Planning and Review," Executive Order 13563, ''Improving Regulation and Regulatory Review,'' 76 FR 3821 (January 18, 2011), Executive Order 13771 "Reducing Regulation and Controlling Regulatory Costs," Executive Order 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" (SEISNOSE). It also requires that we publish in the Federal Register each year a list of any such rules that we will review during the next year. The Office of the Secretary and each of the Department's Operating Administrations have a 10-year review plan. These reviews comply with section 610 of the Regulatory Flexibility Act.
Changes to the Review Plan
Some reviews may be conducted earlier than scheduled. For example, 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 SEISNOSE and, thus, requires review in accordance with section 610 of the Regulatory Flexibility Act. The level of analysis will, of course, depend on the nature of the rule and its applicability. Publication of agencies' section 610 analyses listed each fall in this Agenda provides the public with notice and an opportunity to comment consistent with the requirements of the Regulatory Flexibility Act. We request that public comments be submitted to 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 SEISNOSE, we will give a short explanation (e.g., "these rules only establish petition processes that have no cost impact" or "these rules do not apply to any small entities"). For parts, subparts, or other discrete sections of rules that do have a SEISNOSE, we will announce that we will be conducting a formal section 610 review during the following 12 months. At this stage, 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
49 CFR part 20 - New Restrictions on Lobbying
49 CFR part 21 - Nondiscrimination in Federally-Assisted Programs of the Department of Transportation Effectuation of Title VI of the Civil Rights Act 1964
49 CFR part 22 - Short-Term Lending Program (STLP)
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
49 CFR part 25 - Nondiscrimination on The Basis of Sex In Education Programs Or Activities Receiving Federal Financial Assistance
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.
49 CFR part 28 - Enforcement of Nondiscrimination on The Basis of Handicap In Programs or Activities Conducted by the Department of Transportation.
Year 8 (2015) List of rules analyzed and a summary of results
14 CFR part 399-Statements of General Policy
49 CFR part 1-Organization and Delegation of Power and Duties
49 CFR part 3 - Official Seal
49 CFR part 5-Rulemaking Procedures
49 CFR part 6-Implementation of Equal Access to Justice Act in Agency Proceedings
49 CFR part 7 - Public Availability of Information
49 CFR part 8-Classified Information: Classification/Declassification/Access
49 CFR part 9-Testimony of Employees of the Department and Production of Records in Legal Proceedings
49 CFR part 10-Maintenance of and Access to Records Pertaining to Individuals
49 CFR part 11-Protection of Human Subjects
49 CFR part 15 - Protection of Sensitive Security Information
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
14 CFR part 374a-Extension of Credit by Airlines to Federal Political Candidates
14 CFR part 375-Navigation of Foreign Civil Aircraft within the United States
14 CFR part 377-Continuance of Expired Authorizations by Operation of Law Pending Final Determination of Applications for Renewal Thereof
14 CFR part 380-Public Charters
14 CFR part 381-Special Event Tours
14 CFR part 382-Nondiscrimination on The Basis Of Disability in Air Travel
14 CFR part 383-Civil Penalties
14 CFR part 389-Fees and Charges for Special Services
14 CFR part 398-Guidelines for Individual Determinations of Basic Essential Air Service
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
14 CFR part 302-Rules of Practice in Proceedings
14 CFR part 303-Review of Air Carrier Agreements
14 CFR part 305-Rules of Practice in Informal Nonpublic Investigations
14 CFR part 313-Implementation of the Energy Policy and Conservation Act
14 CFR part 323-Terminations, Suspensions, and Reductions of Service
14 CFR part 325-Essential Air Service Procedures
14 CFR part 330-Procedures For Compensation of Air Carriers
14 CFR part 372-Overseas Military Personnel Charters
Year 5 (fall 2012) List of rules analyzed and a summary of results
14 CFR part
255-Airline Computer Reservations Systems
14 CFR part
256-Electronic Airline Information Systems
14 CFR part 257-Disclosure of Code-Sharing Arrangements and Long Term Wet-Leases
14 CFR part 259 - Enhanced Protections for Airline Passenger
14 CFR part
271-Guidelines for Subsidizing Air Carriers Providing Essential Air Transportation
14 CFR part
272-Essential Air Service to the Freely Associated States
14 CFR part
291-Cargo Operations in Interstate Air Transportation
14 CFR part
293-International Passenger Transportation
14 CFR part
294-Canadian Charter Air Taxi Operators
14 CFR part
296-Indirect Air Transportation of Property
14 CFR part
297-Foreign Air Freight Forwarders and Foreign Cooperative Shippers Associations
14 CFR part
298-Exemptions for Air Taxi and Commuter Air Carrier Operations
49 CFR part
40-Procedures for Transportation Workplace Drug and Alcohol Testing Programs
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
14 CFR part 235 - Reports by Air Carriers on the Incidents Involving Animals During Air Transport
14 CFR part 240-Inspection of Accounts and Property
14 CFR part 241-Uniform System of Accounts and Reports for Large Certificated Air Carriers
14 CFR part 243-Passenger Manifest Information
14 CFR part 244 - Reporting Tarmac Delay Data
14 CFR part 247-Direct Airport-to-Airport Mileage Records
14 CFR part 248-Submission of Audit Reports
14 CFR part 249-Preservation of Air Carrier Records
14 CFR part 250-Oversales
14 CFR part 251-Carriage of Musical Instruments
14 CFR part 252-Smoking aboard aircraft
14 CFR part 253-Notice of Terms of Contract of Carriage
14 CFR part 254-Domestic Baggage Liability
14 CFR part 259-Enhancing Protections for Airline Passengers
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. section 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
14 CFR part 214-Terms, Conditions, and Limitations of Foreign Air Carrier Permits Authorizing Charter Transportation only
14 CFR part 215-Use and Change of Names of Air Carriers, Foreign Air Carriers, and Commuter Air Carriers
14 CFR part 216-Commingling of Blind Sector Traffic by Foreign Air Carriers
14 CFR part 217-Reporting Traffic Statistics by Foreign Air Carriers in Civilian Scheduled, Charter, and Nonscheduled Services
14 CFR part 218-Lease by Foreign Air Carrier or Other Foreign Person of Aircraft with Crew
14 CFR part 221-Tariffs
14 CFR part 222-Intermodal Cargo Services by Foreign Air Carriers
14 CFR part 223-Free and Reduced-Rate Transportation
14 CFR part 232-Transportation of Mail, Review of Orders of Postmaster General
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
49 CFR part 92-Recovering Debts to the United States by Salary Offset
49 CFR part 93-Aircraft Allocation
49 CFR part 98-Enforcement of Restrictions on Post-Employment Activities
49 CFR part 99-Employee Responsibilities and Conduct
14 CFR part 200-Definitions and Instructions
14 CFR part 201-Air Carrier Authority Under Subtitle VII of Title 49 of the United States Code [Amended]
14 CFR part 203-Waiver of Warsaw Convention Liability Limits and Defenses
14 CFR part 204-Data to Support Fitness Determinations
14 CFR part 205-Aircraft Accident Liability Insurance
14 CFR part 206-Certificates of Public Convenience and Necessity: Special Authorizations and Exemptions
14 CFR part 207-Charter Trips by U.S. Scheduled Air Carriers
14 CFR part 208-Charter Trips by U.S. Charter Air Carriers
14 CFR part 211-Applications for Permits to Foreign Air Carriers
14 CFR part 212-Charter Rules for U.S. and Foreign Direct Air Carriers
FEDERAL AVIATION ADMINISTRATION
SECTION 610 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:
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
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.
14 CFR part 420-License to Operate a Launch Site
14 CFR part 431-Launch and Reentry of a Reusable Launch Vehicle (RLV)
14 CFR part 433-License to Operate a Reentry Site
14 CFR part 435-Reentry of a Reentry Vehicle Other than a Reusable Launch Vehicle (RLV)
14 CFR part 437-Experimental Permits
14 CFR part 440-Financial Responsibility
14 CFR part 460-Human Space Flight Requirements
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 SEISNOSE. 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 SEISNOSE. 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 SEISNOSE. 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 SEISNOSE. 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 SEISNOSE. 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 SEISNOSE. 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 SEISNOSE. 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 SEISNOSE. 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 SEISNOSE. 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
49 CFR part 227-Occupational Noise Exposure
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
49 CFR part 236-Rules, Standards and Instructions Governing the Installation, Inspection, Maintenance and Repair of Signal and Train Control Systems, Devices and Appliances
49 CFR part 250-Guarantee of Certificates of Trustees of Railroads in Reorganization
49 CFR part 260 - Regulations Governing Loans and Loan Guarantees under the Railroad Rehabilitation and Improvement Financing Program
49 CFR Part 266 - Assistance to States for Local Rail Service under Section 5 of the Department of Transportation Act
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 Records
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 Packaging; Carriage by Rail; Carriage by Vessel; and Carriage by Public Highway.
• Section 610: There is no SEISNOSE. 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
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 Packaging
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 |
2008 |
2009 |
Year 1 (fall 2008) List of rules with ongoing analysis
33 CFR part 401-Seaway Regulations and Rules
33 CFR part 402-Tariff of Tolls
33 CFR part 403-Rules of Procedure of the Joint Tolls Review Board