[Federal Register Volume 78, Number 5 (Tuesday, January 8, 2013)]
[Unknown Section]
[Pages 1604-1617]
[FR Doc No: 2012-31500]

Vol. 78

Tuesday,

No. 5

January 8, 2013

Part XII

Department of Transportation

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Semiannual Regulatory Agenda

Federal Register / Vol. 78 , No. 5 / Tuesday, January 8, 2013 /
Unified Agenda

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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

14 CFR Chs. I, II and III

23 CFR Chs. I, II and III

33 CFR Chs. I and IV

46 CFR Chs. I, II and III

48 CFR Ch. 12

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

[OST Docket 99-5129]

Department Regulatory Agenda; Semiannual Summary

AGENCY: Office of the Secretary, DOT.

ACTION: Semiannual Regulatory Agenda.

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SUMMARY: The Regulatory Agenda is a semiannual summary of all current
and projected rulemakings, reviews of existing regulations, and
completed actions of the Department. The Agenda provides the public
with information about the Department of Transportation's regulatory
activity. It is expected that this information will enable the public
to be more aware of and allow it to more effectively participate in the
Department's regulatory activity. The public is also invited to submit
comments on any aspect of this Agenda.

FOR FURTHER INFORMATION CONTACT:

General

    You should direct all comments and inquiries on the Agenda in
general to Neil R. Eisner, Assistant General Counsel for Regulation and
Enforcement, Department of Transportation, 1200 New Jersey Avenue SE.,
Washington, DC 20590;<PHONE_NUMBER>.

Specific

    You should direct all comments and inquiries on particular items in
the Agenda to the individual listed for the regulation or the general
rulemaking contact person for the operating administration in Appendix
B. Individuals who use a telecommunications device for the deaf (TDD)
may call<PHONE_NUMBER>.

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

    Improvement of our regulations is a prime goal of the Department of
Transportation (Department or DOT). Our regulations should be clear,
simple, timely, fair, reasonable, and necessary. They should not be
issued without appropriate involvement of the public; once issued, they
should be periodically reviewed and revised, as needed, to assure that
they continue to meet the needs for which they originally were
designed. To view additional information about the Department of
Transportation's regulatory activities online, go to http://www.dot.gov/regulations. Among other things, this Web site provides a
report, updated monthly, on the status of the DOT significant
rulemakings listed in the Semiannual Regulatory Agenda.
    To help the Department achieve these goals and in accordance with
Executive Order (EO) 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 Agenda. It summarizes all current and projected
rulemaking, reviews of existing regulations, and completed actions of
the Department. These are matters on which action has begun or is
projected during the succeeding 12 months or such longer period as may
be anticipated or for which action has been completed since the last
Agenda.
    The Agendas are based on reports submitted by the offices
initiating the rulemaking and are reviewed by the Department
Regulations Council.
    The Internet is the basic means for disseminating the Unified
Agenda. The complete Unified Agenda is available online at
www.reginfo.gov, in a format that offers users a greatly enhanced
ability to obtain information from the Agenda database.
    Because publication in the Federal Register is mandated for the
regulatory flexibility agendas required by the Regulatory Flexibility
Act (5 U.S.C. 602), DOT's printed Agenda entries include only:
    1. The agency's Agenda preamble;
    2. Rules that are in the agency's regulatory flexibility agenda, in
accordance with the Regulatory Flexibility Act, because they are likely
to have a significant economic impact on a substantial number of small
entities; and
    3. Any rules that the agency has identified for periodic review
under section 610 of the Regulatory Flexibility Act.
    Printing of these entries is limited to fields that contain
information required by the Regulatory Flexibility Act's Agenda
requirements. These elements are: Sequence Number; Title; Section 610
Review, if applicable; Legal Authority; Abstract; Timetable; Regulatory
Flexibility Analysis Required; Agency Contact; and Regulation
Identifier Number (RIN). Additional information (for detailed list see
section heading ``Explanation of Information on the Agenda'') on these
entries is available in the Unified Agenda published on the Internet.

Significant/Priority Rulemakings

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

Explanation of Information on the Agenda

    An Office of Management and Budget memorandum, dated June 13, 2012,
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 a decision on whether to take the
action; (8) whether the rulemaking will affect small entities and/or
levels of government and, if so, which categories; (9) whether a
Regulatory Flexibility Act (RFA) analysis is required (for rules that
would have a significant economic impact on a substantial number of
small entities); (10) a listing of any analyses an office will prepare
or has prepared for the

action (with minor exceptions, DOT requires an economic analysis for
all its rulemakings.); (11) an agency contact office or official who
can provide further information; (12) a Regulation Identifier Number
(RIN) assigned to identify an individual rulemaking in the Agenda and
facilitate tracing further action on the issue; (13) whether the action
is subject to the Unfunded Mandates Reform Act; (14) whether the action
is subject to the Energy Act; and (15) whether the action is major
under the congressional review provisions of the Small Business
Regulatory Enforcement Fairness Act. If there is information that does
not fit in the other categories, it will be included under a separate
heading entitled ``Additional Information.'' One such example of this
are the letters ``SB,'' ``IC,'' ``SLT.'' These refer to information
used as part of our required reports on Retrospective Review of DOT
rulemakings. A ``Y'' or an ``N,'' for yes and no, respectively, follow
the letters to indicate whether or not a particular rulemaking would
have effects on: Small businesses (SB); information collections (IC);
or State, local, or tribal (SLT) governments.
    For nonsignificant regulations issued routinely and frequently as a
part of an established body of technical requirements (such as the
Federal Aviation Administration's Airspace Rules), to keep those
requirements operationally current, we only include the general
category of the regulations, the identity of a contact office or
official, and an indication of the expected number of regulations; we
do not list individual regulations.
    In the ``Timetable'' column, we use abbreviations to indicate the
particular documents being considered. ANPRM stands for Advance Notice
of Proposed Rulemaking, SNPRM for Supplemental Notice of Proposed
Rulemaking, and NPRM for Notice of Proposed Rulemaking. Listing a
future date in this column does not mean we have made a decision to
issue a document; it is the earliest date on which we expect to make a
decision on whether to issue it. In addition, these dates are based on
current schedules. Information received subsequent to the issuance of
this Agenda could result in a decision not to take regulatory action or
in changes to proposed publication dates. For example, the need for
further evaluation could result in a later publication date; evidence
of a greater need for the regulation could result in an earlier
publication date.
    Finally, a dot () preceding an entry indicates that the
entry appears in the Agenda for the first time.

Request for Comments

General

    Our agenda is intended primarily for the use of the public. Since
its inception, we have made modifications and refinements that we
believe provide the public with more helpful information, as well as
make the Agenda easier to use. We would like you, the public, to make
suggestions or comments on how the Agenda could be further improved.

Reviews

    We also seek your suggestions on which of our existing regulations
you believe need to be reviewed to determine whether they should be
revised or revoked. We particularly draw your attention to the
Department's review plan in appendix D. In response to Executive Order
13563 ``Retrospective Review and Analysis of Existing Rules,'' we have
prepared a retrospective review plan providing more detail on the
process we use to conduct reviews of existing rules, including changes
in response to Executive Order 13563. We provided the public
opportunities to comment at regulations.gov and IdeaScale on both our
process and any existing DOT rules the public thought needed review.
The plan and the results of our review can be found at http://www.dot.gov/regulations.

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 2, 2012.
 Ray LaHood,
Secretary of Transportation.

Appendix A--Instructions for Obtaining Copies of Regulatory Documents

    To obtain a copy of a specific regulatory document in the Agenda,
you should communicate directly with the contact person listed with the
regulation at the address below. We note that most, if not all, such
documents, including the Semiannual Regulatory Agenda, are available
through the Internet at http://www.regulations.gov. See appendix C for
more information.
    (Name of contact person), (Name of the DOT agency), 1200 New Jersey
Avenue SE., Washington, DC 20590. (For the Federal Aviation
Administration, substitute the following address: Office of Rulemaking,
ARM-1, 800 Independence Avenue SW., Washington, DC 20591).

Appendix B--General Rulemaking Contact Persons

    The following is a list of persons who can be contacted within the
Department for general information concerning the rulemaking process
within the various operating administrations.

FAA--Rebecca MacPherson, Office of Chief Counsel, Regulations and
Enforcement Division, 800 Independence Avenue SW., Room

915A, Washington, DC 20591; telephone<PHONE_NUMBER>.
FHWA--Jennifer Outhouse, Office of Chief Counsel, 1200 New Jersey
Avenue SE., Washington, DC 20590; telephone<PHONE_NUMBER>.
FMCSA--Steven J. LaFreniere, Regulatory Ombudsman, 1200 New Jersey
Avenue SE., Washington, DC 20590; telephone<PHONE_NUMBER>.
NHTSA--Steve Wood, Office of Chief Counsel, 1200 New Jersey Avenue SE.,
Washington, DC 20590; telephone<PHONE_NUMBER>.
FRA--Kathryn Shelton, Office of Chief Counsel, 1200 New Jersey Avenue
SE., Room W31-214, Washington, DC 20590; telephone<PHONE_NUMBER>.
FTA--Richard Wong, Office of Chief Counsel, 1200 New Jersey Avenue SE.,
Room E56-308, Washington, DC 20590; telephone<PHONE_NUMBER>.
SLSDC--Carrie Mann Lavigne, Chief Counsel, 180 Andrews Street, Massena,
NY 13662; telephone<PHONE_NUMBER>.
PHMSA--Patricia Burke, Office of Chief Counsel, 1200 New Jersey Avenue
SE., Washington, DC 20590; telephone<PHONE_NUMBER>.
MARAD--Christine Gurland, Office of Chief Counsel, Maritime
Administration, 1200 New Jersey Avenue SE., Washington, DC 20590;
telephone<PHONE_NUMBER>.
RITA--Robert Monniere, Office of Chief Counsel, 1200 New Jersey Avenue
SE., Washington, DC 20590; telephone<PHONE_NUMBER>.
OST--Neil Eisner, Office of Regulation and Enforcement, 1200 New Jersey
Avenue SE., Washington, DC 20590; telephone<PHONE_NUMBER>.

Appendix C--Public Rulemaking Dockets

    All comments via the Internet are submitted through the Federal
Docket Management System (FDMS) at the following address: http://www.regulations.gov. The FDMS allows the public to search, view,
download, and comment on all Federal agency rulemaking documents in one
central online system. The above referenced Internet address also
allows the public to sign up to receive notification when certain
documents are placed in the dockets.
    The public also may review regulatory dockets at, or deliver
comments on proposed rulemakings to, the Dockets Office at 1200 New
Jersey Avenue SE., Room W12-140, Washington, DC 20590, 1-800-647-5527.
Working Hours: 9-5.

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

Part I--The Plan

General

    The Department of Transportation has long recognized the importance
of regularly reviewing its existing regulations to determine whether
they need to be revised or revoked. Our 1979 Regulatory Policies and
Procedures require such reviews. We also have responsibilities under
Executive Order 12866, ``Regulatory Planning and Review,'' and section
610 of the Regulatory Flexibility Act to conduct such reviews. This
includes the use of plain language techniques in new rules and
considering its use in existing rules when we have the opportunity and
resources to permit its use. We are committed to continuing our reviews
of existing rules and, if needed, will initiate rulemaking actions
based on these reviews.
    In accordance with Executive Order 13563, ``Improving Regulation
and Regulatory Review,'' issued by the President on January 18, 2011,
the Department has added other elements to its review plan. The
Department has decided to improve its plan by adding special oversight
processes within the Department; encouraging effective and timely
reviews, including providing additional guidance on particular problems
that warrant review; and expanding opportunities for public
participation. These new actions are in addition to the other steps
described in this Appendix.

Section 610 Review Plan

    Section 610 requires that we conduct reviews of rules that (1):
Have been published within the last 10 years, and (2) have a
``significant economic impact on a substantial number of small
entities'' (SEIOSNOSE). It also requires that we publish in the Federal
Register each year a list of any such rules that we will review during
the next year. The Office of the Secretary and each of the Department's
Operating Administrations have a 10-year review plan. These reviews
comply with section 610 of the Regulatory Flexibility Act.

Other Review Plan(s)

    All elements of the Department, except for the Federal Aviation
Administration (FAA), have also elected to use this 10-year plan
process to comply with the review requirements of the Department's
Regulatory Policies and Procedures and Executive Order 12866.

Changes to the Review Plan

    Some reviews may be conducted earlier than scheduled. For example,
to the extent resources permit, the plain language reviews will be
conducted more quickly. Other events, such as accidents, may result in
the need to conduct earlier reviews of some rules. Other factors may
also result in the need to make changes; for example, we may make
changes in response to public comment on this plan or in response to a
Presidentially-mandated review. If there is any change to the review
plan, we will note the change in the following Agenda. For any section
610 review, we will provide the required notice prior to the review.

Part II--The Review Process

The Analysis

    Generally, the agencies have divided their rules into 10 different
groups and plan to analyze one group each year. For purposes of these
reviews, a year will coincide with the fall-to-fall schedule for
publication of the Agenda. Thus, Year 1 (2008) begins in the fall of
2008 and ends in the fall of 2009; Year 2 (2009) begins in the fall of
2009 and ends in the fall of 2010, and so on. We request public comment
on the timing of the reviews. For example, is there a reason for
scheduling an analysis and review for a particular rule earlier than we
have? Any comments concerning the plan or particular analyses should be
submitted to the regulatory contacts listed in Appendix B, General
Rulemaking Contact Persons.

Section 610 Review

    The agency will analyze each of the rules in a given year's group
to determine whether any rule has a SEIOSNOSE and, thus, requires
review in accordance with section 610 of the Regulatory Flexibility
Act. The level of analysis will, of course, depend on the nature of the
rule and its applicability. Publication of agencies' section 610
analyses listed each fall in this Agenda provides the public with
notice and an opportunity to comment consistent with the requirements
of the Regulatory Flexibility Act. We request that public comments be
submitted to us early in the analysis year concerning the small entity
impact of the rules to help us in making our determinations.
    In each fall Agenda, the agency will publish the results of the
analyses it has completed during the previous year. For rules that had
a negative finding on SEIOSNOSE, we will give a short explanation
(e.g., ``these rules only establish petition processes that have no
cost impact'' or ``these rules do not

apply to any small entities''). For parts, subparts, or other discrete
sections of rules that do have a SEIOSNOSE, we will announce that we
will be conducting a formal section 610 review during the following 12
months. At this stage, we will add an entry to the Agenda in the
prerulemaking section describing the review in more detail. We also
will seek public comment on how best to lessen the impact of these
rules and provide a name or docket to which public comments can be
submitted. In some cases, the section 610 review may be part of another
unrelated review of the rule. In such a case, we plan to clearly
indicate which parts of the review are being conducted under section
610.

Other Reviews

    The agency will also examine the specified rules to determine
whether any other reasons exist for revising or revoking the rule or
for rewriting the rule in plain language. In each fall Agenda, the
agency will also publish information on the results of the examinations
completed during the previous year.
    The FAA, in addition to reviewing its rules in accordance with the
section 610 Review Plan, has established a tri-annual process to comply
with the review requirements of the Department's Regulatory Policies
and Procedures, Executive Order 12866, and Plain Language Review Plan.
The FAA's latest review notice was published November 15, 2007 (72 FR
64170). In that notice, the FAA requested comments from the public to
identify those regulations currently in effect that it should amend,
remove, or simplify. The FAA also requested the public to provide any
specific suggestions where rules could be developed as performance-
based rather than prescriptive, and any specific plain language that
might be used, and provide suggested language on how those rules should
be written. The FAA will review the issues addressed by the commenters
against its regulatory agenda and rulemaking program efforts and adjust
its regulatory priorities consistent with its statutory
responsibilities. At the end of this process, the FAA will publish a
summary and general disposition of comments and indicate, where
appropriate, how it will adjust its regulatory priorities.

Part III--List of Pending Section 610 Reviews

    The Agenda identifies the pending DOT section 610 Reviews by
inserting ``(Section 610 Review),'' after the title for the specific
entry. For further information on the pending reviews, see the Agenda
entries at www.reginfo.gov. For example, to obtain a list of all
entries that is 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--Proposed Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
337.......................  +Enhancing Airline                 2105-AE11
                             Passenger Protections III.
------------------------------------------------------------------------
 + DOT-designated significant regulation.

                Office of the Secretary--Final Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
338.......................  +Use of the Seat-Strapping         2105-AD87
                             Method for Carrying a
                             Wheelchair on an Aircraft.
------------------------------------------------------------------------
 + DOT-designated significant regulation.

          Federal Aviation Administration--Proposed Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
339.......................  +Operation and                     2120-AJ60
                             Certification of Small
                             Unmanned Aircraft Systems
                             (sUAS).
340.......................  +Flight Crewmember                 2120-AJ87
                             Mentoring, Leadership and
                             Professional Development
                             (HR 5900).
------------------------------------------------------------------------
 + DOT-designated significant regulation.

            Federal Aviation Administration--Final Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
341.......................  +Qualification, Service,           2120-AJ00
                             and Use of Crewmembers
                             and Aircraft Dispatchers.
342.......................  +Pilot Certification and           2120-AJ67
                             Qualification
                             Requirements (Formerly
                             First Officer
                             Qualification
                             Requirements) (HR 5900).
343.......................  +Safety Management Systems         2120-AJ86
                             for Certificate Holders
                             (Section 610 Review).
------------------------------------------------------------------------
 + DOT-designated significant regulation.

    Federal Motor Carrier Safety Administration--Proposed Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
344.......................  +Electronic Logging                2126-AB20
                             Devices and Hours of
                             Service Supporting
                             Documents.

345.......................  +Inspection, Repair, and           2126-AB46
                             Maintenance; Driver-
                             Vehicle Inspection Report
                             (RRR).
------------------------------------------------------------------------
 + DOT-designated significant regulation.

      Federal Motor Carrier Safety Administration--Final Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
346.......................  +Unified Registration              2126-AA22
                             System.
347.......................  Self Reporting of Out-of-          2126-AB43
                             State Convictions (RRR)
                             (Section 610 Review).
------------------------------------------------------------------------
 + DOT-designated significant regulation.

          Federal Railroad Administration--Proposed Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
348.......................  +Critical Incident Stress          2130-AC00
                             Plan; ``Critical
                             Incident'' Definition.
349.......................  Risk Reduction Program             2130-AC11
                             (RRR).
350.......................  +Positive Train Control            2130-AC32
                             Systems: De Minimis
                             Exception, Yard
                             Movements, En Route
                             Failures; Miscellaneous
                             Grade Crossing/Signal and
                             Train Control Amendments
                             (RRR).
------------------------------------------------------------------------
 + DOT-designated significant regulation.

            Federal Railroad Administration--Final Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
351.......................  Roadway Worker Protection;         2130-AB89
                             Miscellaneous Revisions.
352.......................  +Training Standards for            2130-AC06
                             Railroad Employees (RRR).
353.......................  +Emergency Escape                  2130-AC14
                             Breathing Apparatus (RRR).
354.......................  Passenger Train Emergency          2130-AC22
                             Systems; Doors, Emergency
                             Lighting, Emergency
                             Signage and Markings for
                             Egress and Access, and
                             Low-Location Emergency
                             Exit Path Marking;
                             Miscellaneous Amendments.
355.......................  Amendments Expanding the           2130-AC24
                             Drug Panel for FRA Post-
                             Accident Toxicological
                             Testing.
356.......................  Track Safety Standards:            2130-AC28
                             Improving Rail Integrity
                             (RRR).
357.......................  Railroad System Safety             2130-AC31
                             Program.
358.......................  Revisions to Passenger             2130-AC33
                             Train Emergency
                             Preparedness Regulations.
359.......................  Roadway Worker Protection;         2130-AC37
                             Adjacent-Track On-Track
                             Safety--Response to
                             Petitions for
                             Reconsideration.
360.......................  Telephonic Notification at         2130-AC38
                             Grade Crossings--Response
                             to Petitions for
                             Reconsideration.
361.......................  Locomotive Safety                  2130-AC39
                             Standards Amendments--
                             Response to Petitions for
                             Reconsideration.
------------------------------------------------------------------------
 + DOT-designated significant regulation.

  Pipeline and Hazardous Materials Safety Administration--Proposed Rule
                                  Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
362.......................  +Pipeline Safety: Safety           2137-AE66
                             of On-Shore Liquid
                             Hazardous Pipelines.
363.......................  Pipeline Safety:                   2137-AE94
                             Miscellaneous Amendments
                             Related to
                             Reauthorization and
                             Petitions for Rulemaking
                             (RRR).
------------------------------------------------------------------------
 + DOT-designated significant regulation.

Pipeline and Hazardous Materials Safety Administration--Final Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
364.......................  +Hazardous Materials:              2137-AE44
                             Revisions to Requirements
                             for the Transportation of
                             Lithium Batteries.
365.......................  Hazardous Materials:               2137-AE78
                             Miscellaneous Amendments
                             (RRR) (Section 610
                             Review).
------------------------------------------------------------------------
 + DOT-designated significant regulation.

               Maritime Administration--Long-Term Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
366.......................  +Regulations To Be                 2133-AB74
                             Followed by All
                             Departments, Agencies and
                             Shippers Having
                             Responsibility To Provide
                             a Preference for U.S.-
                             Flag Vessels in the
                             Shipment of Cargoes on
                             Ocean Vessels (RRR).
------------------------------------------------------------------------
 + DOT-designated significant regulation.

DEPARTMENT OF TRANSPORTATION (DOT)

Office of the Secretary (OST)

Proposed Rule Stage

337. +Enhancing Airline Passenger Protections III

    Legal Authority: 49 U.S.C. 41712; 49 U.S.C. 40101;49 U.S.C. 41702
    Abstract: This rulemaking would address the following issues: (1)
Whether the Department should require a marketing carrier to provide
assistance to its code-share partner when a flight operated by the
code-share partner experiences a lengthy tarmac delay; (2) whether the
Department should enhance disclosure requirements on code-share
operations, including requiring on-time performance data, reporting of
certain data code-share operations, and codifying the statutory
amendment of 49 U.S.C. 41712(c) regarding Web site schedule disclosure
of code-share operations; (3) whether the Department should expand the
on-time performance ``reporting carrier'' pool to include smaller
carriers; (4) whether the Department should require travel agents to
adopt minimum customer service standards in relation to the sale of air
transportation; (5) whether the Department should require ticket agents
to disclose the carriers whose tickets they sell or do not sell and
information regarding any incentive payments they receive in connection
with the sale of air transportation; (6) whether the Department should
require ticket agents to disclose any preferential display of
individual fares or carriers in the ticket agent's Internet displays;
(7) whether the Department should require additional or special
disclosures regarding certain substantial fees, e.g., oversize or
overweight baggage fees; (8) whether the Department should prohibit
post-purchase price increase for all services and products not
purchased with the ticket or whether it is sufficient to prohibit post-
purchase prices increases for baggage charges that traditionally have
been included in the ticket price; and (9) whether the Department
should require that ancillary fees be displayed through all sale
channels.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Supplemental NPRM...................   05/00/13
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Blane A Workie, Attorney, Department of
Transportation, Office of the Secretary, 1200 New Jersey Avenue SE.,
Washington, DC 20590, Phone:<PHONE_NUMBER>, TDD Phone:<PHONE_NUMBER>,
Fax:<PHONE_NUMBER>, Email<EMAIL_ADDRESS>    RIN: 2105-AE11

DEPARTMENT OF TRANSPORTATION (DOT)

Office of the Secretary (OST)

Final Rule Stage

338. +Use of the Seat-Strapping Method for Carrying a Wheelchair on an
Aircraft

    Legal Authority: 49 U.S.C. 41705
    Abstract: This rulemaking would address whether carriers should be
allowed to utilize the seat-strapping method to stow a
passenger[acute]s wheelchair in the aircraft cabin.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   06/03/11  76 FR 32107
NPRM Comment Period End.............   08/02/11
Final Rule..........................   01/00/13
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Blane A Workie, Attorney, Department of
Transportation, Office of the Secretary, 1200 New Jersey Avenue SE.,
Washington, DC 20590, Phone:<PHONE_NUMBER>, TDD Phone:<PHONE_NUMBER>,
Fax:<PHONE_NUMBER>, Email<EMAIL_ADDRESS>    RIN: 2105-AD87

BILLING CODE 4910-9X-P

DEPARTMENT OF TRANSPORTATION (DOT)

Federal Aviation Administration (FAA)

Proposed Rule Stage

339. +Operation and Certification of Small Unmanned Aircraft Systems
(SUAS)

    Legal Authority: 49 U.S.C. 44701; Pub. L. 112-95
    Abstract: This rulemaking would enable small unmanned aircraft to
safely operate in limited portions of the national airspace system
(NAS). This action is necessary because it addresses the novel legal or
policy issues about the minimum safety parameters for operating
recreational remote control model and toy aircraft in the NAS. The
intended effect of this action is to develop requirements and standards
to ensure that risks are adequately mitigated, such that safety is
maintained for the entire aviation community.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   06/00/13  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Stephen A Glowacki, Department of Transportation,
Federal Aviation Administration, 800 Independence Ave. SW., Washington,
DC 20591, Phone:<PHONE_NUMBER>, Email<EMAIL_ADDRESS>    RIN: 2120-AJ60

340. +Flight Crewmember Mentoring, Leadership and Professional
Development (HR 5900)

    Legal Authority: 49 U.S.C. 44701(a)(5); Pub. L. 111-216, sec 206
    Abstract: This rulemaking would amend the regulations for air
carrier training programs under part 121. The action is necessary to
ensure that air carriers establish or modify training programs that
address mentoring, leadership, and professional development of flight
crewmembers in part 121 operations. The amendments are intended to
contribute significantly to airline safety by reducing aviation
accidents and respond to the mandate in Public Law 111-216.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   02/00/13
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Deke Abbott, Department of Transportation, Federal
Aviation Administration, 800 Independence Ave. SW., Washington, DC
20591, Phone:<PHONE_NUMBER>, Email<EMAIL_ADDRESS>    RIN: 2120-AJ87

DEPARTMENT OF TRANSPORTATION (DOT)

Federal Aviation Administration (FAA)

Final Rule Stage

341. +Qualification, Service, and Use of Crewmembers and Aircraft
Dispatchers

    Legal Authority: 49 U.S.C. 106(g); 49 U.S.C. 40113; 49 U.S.C.
40119; 49 U.S.C. 44101; 49 U.S.C. 44701; 49 U.S.C. 44702; 49 U.S.C.
44705; 49 U.S.C. 44709 to 44711; 49 U.S.C. 44713; 49 U.S.C. 44716; 49
U.S.C. 44717; 49 U.S.C. 44722; 49 U.S.C. 44901; 49 U.S.C. 44903; 49
U.S.C. 44904; 49 U.S.C. 44912; 49 U.S.C. 46105
    Abstract: This rulemaking would amend the regulations for
crewmember and dispatcher training programs in domestic, flag, and
supplemental operations. The rulemaking would enhance traditional
training programs by requiring the use of flight simulation training
devices for flight crewmembers and including additional training
requirements in areas that are critical to safety. The rulemaking would
also reorganize and revise the qualification and training requirements.
The changes are intended to contribute significantly to reducing
aviation accidents.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   01/12/09  74 FR 1280
Proposed rule; notice of public        03/12/09  74 FR 10689
 meeting.
NPRM Comment Period Extended........   04/20/09  74 FR 17910
Comment Period End..................   05/12/09  .......................
Extended Comment Period End.........   08/10/09  .......................
Supplemental NPRM...................   05/20/11  76 FR 29336
Comment Period Extended.............   06/23/11  76 FR 36888
Comment Period End..................   07/19/11  .......................
Comment Period End..................   09/19/11  .......................
Final Rule..........................   10/00/13  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Agency Contact: Nancy L Claussen, Federal Aviation Administration,
Department of Transportation, Federal Aviation Administration, 800
Independence Ave. SW., Washington, DC 20591, Phone:<PHONE_NUMBER>,
Email<EMAIL_ADDRESS>    RIN: 2120-AJ00

342. +Pilot Certification and Qualification Requirements (Formerly
First Officer Qualification Requirements) (HR 5900)

    Legal Authority: 49 U.S.C. 106(g); 49 U.S.C. 35301 to 45302; 49
U.S.C. 40113; 49 U.S.C. 40119; 49 U.S.C. 41706; 49 U.S.C. 44101; 49
U.S.C. 44701(a)(5); 49 U.S.C. 44701 to 44703; 49 U.S.C. 44705; 49
U.S.C. 44707; 49 U.S.C. 44709 to 44711; 49 U.S.C. 44713; 49 U.S.C.
44716; 49 U.S.C. 44722; 49 U.S.C. 45102 to 45103; 49 U.S.C. 46105; 49
U.S.C. 44717; Pub. L. 111-216
    Abstract: This rulemaking would amend the eligibility and
qualification requirements for pilots engaged in part 121 air carrier
operations. Additionally, it would modify the requirements for an
airline transport pilot certificate. These actions are necessary
because recent airline accidents and incidents have brought
considerable attention to the experience level and training of air
carrier flight crews. This rulemaking is a result of requirements in
Public Law 111-216.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
ANPRM...............................   02/08/10  75 FR 6164
ANPRM Comment Period End............   04/09/10  .......................
NPRM................................   02/29/12  77 FR 12374
NPRM Comment Period End.............   04/30/12  .......................
Final Rule..........................   05/00/13  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Barbara Adams, Department of Transportation,
Federal Aviation Administration, 800 Independence Ave. SW., Washington,
DC 20591, Phone:<PHONE_NUMBER>, Email<EMAIL_ADDRESS>    RIN: 2120-AJ67

343. +Safety Management Systems for Certificate Holders (Section 610
Review)

    Legal Authority: 49 U.S.C. 106(g); 49 U.S.C. 40113; 49 U.S.C.
40119; 49 U.S.C. 41706; 49 U.S.C. 44101; 49 U.S.C. 44701; 49 U.S.C.
44702; 49 U.S.C. 44705; 49 U.S.C. 44709 to 44711; 49 U.S.C. 44713; 49
U.S.C. 44716; 49 U.S.C. 44717; 49 U.S.C. 44722; 49 U.S.C. 46105; Pub.
L. 111-216, sec 215
    Abstract: This rulemaking would require each certificate holder
operating under 14 CFR part 121 to develop and implement a safety
management system (SMS) to improve the safety of its aviation related
activities. A safety management system is a comprehensive, process-
oriented approach to managing safety throughout an organization. An SMS
includes an organization-wide safety policy; formal methods for
identifying hazards, controlling, and continually assessing risk and
safety performance; and promotion of a safety culture. SMS stresses not
only compliance with technical standards but increased emphasis on the
overall safety performance of the organization.This rulemaking is
required under Public Law 111-216, section 215.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   11/05/10  75 FR 68224
NPRM Comment Period Extended........   01/31/11  76 FR 5296
NPRM Comment Period End.............   02/03/11  .......................
NPRM Comment Period Extended End....   03/07/11  .......................
Final Rule..........................   04/00/13  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Scott VanBuren, Department of Transportation,
Federal Aviation Administration, 800 Independence Ave. SW., Washington,
DC 20591, Phone:<PHONE_NUMBER>, Email<EMAIL_ADDRESS>    RIN: 2120-AJ86

BILLING CODE 4910-13-P

DEPARTMENT OF TRANSPORTATION (DOT)

Federal Motor Carrier Safety Administration (FMCSA)

Proposed Rule Stage

344. +Electronic Logging Devices and Hours of Service Supporting
Documents

    Legal Authority: 49 U.S.C. 31502; 31136(a); Pub. L. 103.311; 49
U.S.C. 31137(a)
    Abstract: This rulemaking would establish: (1) Minimum performance
standards for electronic logging devices (ELDs); (2) requirements for
the

mandatory use of the devices by drivers required to prepare handwritten
records of duty status (RODS); (3) requirements concerning HOS
supporting documents; and (4) measures to ensure that the mandatory use
of ELDs will not result in harassment of drivers by motor carriers and
enforcement officials. This rulemaking would supplement the Agency's
February 1, 2011, Notice of Proposed Rulemaking (NPRM) and address
issues raised by the U.S. Court of Appeals for the Seventh Circuit
Court in its 2011 decision vacating the Agency's April 5, 2010, final
rule concerning ELDs. This action would improve compliance with the
hours-of-service (HOS) rules and thereby decrease the risk of fatigue-
related crashes attributable to non-compliance with the applicable HOS
requirements.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   02/01/11  76 FR 5537
NPRM Comment Period End.............   02/28/11  .......................
Comment Period Extended.............   03/10/11  76 FR 13121
Extended Comment Period End.........   05/23/11  .......................
Supplemental NPRM...................   07/00/13  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Deborah M. Freund, Senior Transportation
Specialist, Department of Transportation, Federal Motor Carrier Safety
Administration, 1200 New Jersey Avenue SE., Washington, DC 20590,
Phone:<PHONE_NUMBER>, Email<EMAIL_ADDRESS>    RIN: 2126-AB20

345. +Inspection, Repair, and Maintenance; Driver-Vehicle Inspection
Report (RRR)

    Legal Authority: 49 U.S.C. 31136; 49 U.S.C. 31502
    Abstract: This rulemaking would rescind the requirement that
commercial motor vehicle (CMV) drivers operating in interstate commerce
submit, and motor carriers retain, driver-vehicle inspection reports
when the driver has neither found nor been made aware of any vehicle
defects or deficiencies. Specifically, this rulemaking would remove a
significant information collection burden without adversely impacting
safety. This rulemaking would remove a significant information
collection burden without adversely impacting safety. The value of the
time saved by eliminating the paperwork burden associated with the
filing of no-defect DVIRs is more than 1 billion dollars per year. This
rulemaking responds in part to the President's January 2012 Regulatory
Review and Reform initiative.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   05/00/13  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Sean Gallagher, MC-PRR, Department of
Transportation, Federal Motor Carrier Safety Administration, 1200 New
Jersey Ave. SE., Washington, DC 20590, Phone:<PHONE_NUMBER>, Email:
<EMAIL_ADDRESS>    RIN: 2126-AB46

DEPARTMENT OF TRANSPORTATION (DOT)

Federal Motor Carrier Safety Administration (FMCSA)

Final Rule Stage

346. +Unified Registration System

    Legal Authority: Pub. L. 104-88; 109 Stat 803, 888 (1995); 49
U.S.C. 13908; Pub. L. 109-159, sec 4304
    Abstract: This rule would establish a new Unified Registration
System (URS) to replace three legacy systems in support of
FMCSA[acute]s safety and commercial oversight responsibilities. It
would require all entities subject to FMCSA jurisdiction to comply with
a new URS registration and biennial update requirement, disclose the
cumulative registration information collected by URS and provides a
cross-reference to all regulatory requirements necessary to obtain
permanent registration. It implements statutory provisions in the ICC
Termination Act and SAFTEA-LU. URS would serve as a clearinghouse and
depository of information on, and identification of, brokers, freight
forwarders, and others required to register with the Department of
Transportation. The agency has determined the total net societal
benefits of the rule to be $19.5 million and the total societal costs
to be $26.5 million.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
ANPRM...............................   08/26/96  61 FR 43816
ANPRM Comment Period End............   10/25/96  .......................
NPRM................................   05/19/05  70 FR 28990
NPRM Comment Period End.............   08/17/05  .......................
Supplemental NPRM...................   10/26/11  76 FR 66506
Comment Period End..................   12/27/11  .......................
Final Rule..........................   04/00/13  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Valerie Height, Management Analyst, Department of
Transportation, Federal Motor Carrier Safety Administration, Office of
Policy (MC-PRR), 1200 New Jersey Avenue SE., Washington, DC 20590,
Phone:<PHONE_NUMBER>, Email<EMAIL_ADDRESS>    RIN: 2126-AA22

347. Self Reporting of Out-of-State Convictions (RRR) (Section 610
Review)

    Legal Authority: Commercial Motor Vehicle Safety Act of 1986
    Abstract: This rulemaking would clarify the requirement for holders
of commercial drivers licenses (CDL) convicted of violating traffic
laws in a State other than the State that issued their CDL, to notify
the State of issuance about those violations under part 383.31 of
FMCSA's Commercial Drivers License Standards; and clarify the
requirement for the licensing agency from the jurisdiction in which the
conviction takes place to notify the State licensing Agency that issued
the CDL under part 384.209 State Compliance with Commercial Drivers
License Program. This rulemaking would also ensure that notifications
required in sections 383.31 and 384.209 take place within 30 days of
the conviction.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   08/02/12  77 FR 46010
NPRM Comment Period End.............   10/01/12  .......................
Final Rule..........................   06/00/13  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Agency Contact: Robert Redmond, Senior Transportation Specialist,
Department of Transportation, Federal Motor Carrier Safety
Administration, 1200 New Jersey Avenue SE., Washington, DC 20590,
Phone:<PHONE_NUMBER>, Email<EMAIL_ADDRESS>    RIN: 2126-AB43
BILLING CODE 4910-EX-P

DEPARTMENT OF TRANSPORTATION (DOT)

Federal Railroad Administration (FRA)

Proposed Rule Stage

348. +Critical Incident Stress PLAN; ``Critical Incident'' Definition

    Legal Authority: Pub. L. 110-432, Div A, 122 Stat 4848 et seq.;
Rail Safety Improvement Act of 2008 sec 410(c)
    Abstract: This rulemaking would seek to define the term ``critical
incident.'' This rulemaking would also seek to define program elements
appropriate for the rail environment for certain railroad[acute]s
critical incident response programs, so that appropriate action is
taken when a railroad employee is involved in or directly witnesses a
critical incident.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   05/00/13
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Kathryn Shelton, Trial Attorney, Department of
Transportation, Federal Railroad Administration, 1200 New Jersey Ave.
SE., Washington, DC 20590, Phone:<PHONE_NUMBER>, Email:
<EMAIL_ADDRESS>    RIN: 2130-AC00

349. Risk Reduction Program (RRR)

    Legal Authority: Pub. L. 110-432, Div A, 122 Stat 4848 et seq.;
Rail Safety Improvement Act of 2008; sec 103, 49 U.S.C. 20156
``Railroad Safety Risk Reduction Program''
    Abstract: This rulemaking would require each Class I railroad and
each railroad with inadequate safety performance to develop and
implement a Risk Reduction Program (RRP) to improve the safety of their
operations. Each RRP would be required to include a risk analysis, a
technology implementation plan, and a fatigue management plan.
Railroads would be required to conduct annual internal assessments of
their RRPs, which could also be externally audited by FRA.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
ANPRM...............................   12/08/10  75 FR 76345
ANPRM Comment Period End............   02/07/11
NPRM................................   05/00/13
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Kathryn Shelton, Trial Attorney, Department of
Transportation, Federal Railroad Administration, 1200 New Jersey Ave
SE., Washington, DC 20590, Phone:<PHONE_NUMBER>, Email:
<EMAIL_ADDRESS>    RIN: 2130-AC11

350. +Positive Train Control Systems: De Minimis Exception, Yard
Movements, En Route Failures; Miscellaneous Grade Crossing/Signal and
Train Control Amendments (RRR)

    Legal Authority: 49 U.S.C. 20102 to 20103; 28 U.S.C. 2461, note; 49
CFR 1.49; 49 U.S.C. 20107; 49 U.S.C. 20133; 49 U.S.C. 20141; 49 U.S.C.
20157; 49 U.S.C. 20301 to 20303; 49 U.S.C. 20306; 49 U.S.C. 21301 to
21302; 49 U.S.C. 21304
    Abstract: This rulemaking would revise Positive Train Control
regulations by defining the de minimis exception and en route failures,
proposing exceptions relating to yard movements that may not be
considered on the main line system, and amending regulations governing
grade crossing and signal and train control systems. The rulemaking is
in response to a petition for rulemaking from the Association of
American Railroads.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   12/11/12  77 FR 73589
NPRM Comment Period End.............   02/11/13
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Kathryn Shelton, Trial Attorney, Department of
Transportation, Federal Railroad Administration, 1200 New Jersey Ave.
SE., Washington, DC 20590, Phone:<PHONE_NUMBER>, Email:
<EMAIL_ADDRESS>    RIN: 2130-AC32

DEPARTMENT OF TRANSPORTATION (DOT)

Federal Railroad Administration (FRA)

Final Rule Stage

351. Roadway Worker Protection; Miscellaneous Revisions

    Legal Authority: 28 U.S.C. 2461; 49 CFR 1.49; 49 U.S.C. 20103; 49
U.S.C. 20107; 49 U.S.C. 21301; 49 U.S.C. 21304
    Abstract: This rulemaking would revise FRA's Roadway Worker
Protection regulations in 49 CFR, Part 214, to further advance the on-
track safety of railroad employees and contractors engaged in
maintenance-of-way activities throughout the general railroad system of
transportation, including clarification of existing regulations. In
doing so, FRA will review existing technical bulletins and a safety
advisory dealing with on-track safety to consider implications, and as
appropriate, consider enhancements to the existing regulations.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   08/20/12  77 FR 50324
NPRM Comment Period End.............   10/19/12
Final Rule..........................   10/00/13
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Kathryn Shelton, Trial Attorney, Department of
Transportation, Federal Railroad Administration, 1200 New Jersey Ave.
SE., Washington, DC 20590, Phone:<PHONE_NUMBER>, Email:
<EMAIL_ADDRESS>    RIN: 2130-AB89

352. +Training Standards for Railroad Employees (RRR)

    Legal Authority: Pub. L. 110 thru 432, Div A, 122 Stat 4848 et
seq.; Railroad Safety Improvement Act of 2008; sec 401 (49 U.S.C.
20162)
    Abstract: This rulemaking would (1) Establish minimum training
standards for each class or craft of safety-related employee and
equivalent railroad contractor and subcontractor employee that require
railroads, contractors, and subcontractors to qualify or otherwise
document the proficiency of such employees in each such class and craft
regarding their knowledge and ability to comply with Federal railroad
safety laws and regulations and railroad rules and procedures intended
to implement those laws and regulations, etc.; (2) require submission
of railroads', contractors', and subcontractors' training and
qualification programs for FRA approval; and (3) establish a minimum
training curriculum and ongoing training criteria, testing, and skills
evaluation measures for track and equipment inspectors employed by
railroads and railroad contractor and subcontractors. It is anticipated
that crane operator provisions contained in this rulemaking will
further the objectives of EO 13563.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   02/07/12  77 FR 6412
NPRM Comment Period End.............   04/09/12
Final Rule..........................   05/00/13
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Kathryn Shelton, Trial Attorney, Department of
Transportation, Federal Railroad Administration, 1200 New Jersey Ave.
SE., Washington, DC 20590, Phone:<PHONE_NUMBER>, Email:
<EMAIL_ADDRESS>    RIN: 2130-AC06

353. +Emergency Escape Breathing Apparatus (RRR)

    Legal Authority: Pub. L. 110-432, Div A, 122 Stat 4848 et seq.;
Rail Safety Improvement Act of 2008; sec 413 49 U.S.C. 20166
    Abstract: This rulemaking would prescribe regulations that require
railroads to provide specified emergency escape breathing apparatus for
all crew members in locomotive cabs on freight trains carrying poison-
inhalation-hazard hazardous material and provide training in its use.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   10/05/10  75 FR 61386
NPRM Comment Period End.............   12/06/10
Final Rule..........................   07/00/13
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Kathryn Shelton, Trial Attorney, Department of
Transportation, Federal Railroad Administration, 1200 New Jersey Ave.
SE., Washington, DC 20590, Phone:<PHONE_NUMBER>, Email:
<EMAIL_ADDRESS>    RIN: 2130-AC14

354. Passenger Train Emergency Systems; Doors, Emergency Lighting,
Emergency Signage and Markings for Egress and Access, and Low-Location
Emergency Exit Path Marking; Miscellaneous Amendments

    Legal Authority: 28 U.S.C. 241, note; 49 CFR 1.49; 49 U.S.C. 20103,
20107, 20133, 20141, 20302 to 20303, 20306, 20701 to 20702; 49 U.S.C.
21301 to 21302, 21304
    Abstract: This rulemaking would amend the passenger equipment
safety standards to enhance standards for passenger train emergency
systems and would clarify the passenger train emergency preparedness
standards. Specifically, FRA would incorporate by reference three APTA
emergency system standards: ``Standard for Emergency Lighting System
Design for Passenger Cars,'' ``Standard for Emergency Signage for
Egress/Access of Passenger Rail Equipment,'' and ``Standard for Low-
Location Exit Path Marking.'' Miscellaneous amendments to FRA's
existing regulations would include: (1) Clarifying that new passenger
cars must have at least two exterior side doors, one on each side; (2)
requiring removable panels/windows in vestibule doors for new passenger
cars; (3) consolidating various door requirements into one section for
easier reference; and (4) revising part 239 to explicitly address train
crew participation in debrief and critique sessions.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   01/03/12  77 FR 154
NPRM Comment Period End.............   03/05/12
Final Rule..........................   02/00/13
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Kathryn Shelton, Trial Attorney, Department of
Transportation, Federal Railroad Administration, 1200 New Jersey Ave.
SE., Washington, DC 20590, Phone:<PHONE_NUMBER>, Email:
<EMAIL_ADDRESS>    RIN: 2130-AC22

355. Amendments Expanding the Drug Panel for FRA Post-Accident
Toxicological Testing

    Legal Authority: 28 U.S.C. 2461, note; 49 CFR 1.49(m); 49 U.S.C.
20103; 49 U.S.C. 20107; 49 U.S.C. 20140; 49 U.S.C. 21301; 49 U.S.C.
21304
    Abstract: This rulemaking would expand the drug testing panel for
FRA's post-accident toxicological testing (PATT) program, which
investigates the role of alcohol and drug use in serious train
accidents. This rulemaking would also amend the requirements regarding
the analysis of PATT results in 49 CFR 219.211 to reflect that some of
the drugs in the expanded panel are prescription and over-the-counter
drugs that are not controlled substances. FRA has tested for the same
basic panel of drugs since the beginning of PATT in 1985. Currently,
FRA tests blood and urine specimens for eight drug classifications:
alcohol, marijuana, cocaine, the opiates, the amphetamines,
phencyclidine (PCP), the barbiturates, and the benzodiazepines. FRA
would expand the PATT panel to include synthetic opiates, sedating
antihistamines, MDMA and one of its analogues, and additional
benzodiazepines. This rulemaking does not make any substantive changes
to the prohibitions on the abuse of controlled substances and
prescription drugs found in 49 CFR 219.102 and 219.103.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   05/17/12  77 FR 29307
NPRM Comment Period End.............   07/16/12
Final Rule..........................   01/00/13
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Kathryn Shelton, Trial Attorney, Department of
Transportation, Federal Railroad Administration, 1200 New Jersey Ave.
SE., Washington, DC 20590, Phone:<PHONE_NUMBER>, Email:
<EMAIL_ADDRESS>    RIN: 2130-AC24

356. Track Safety Standards: Improving Rail Integrity (RRR)

    Legal Authority: 28 U.S.C. 2461, note; 49 CFR 1.49; 49 U.S.C. 20102
to 20114; 49 U.S.C. 20142; sec 403, Div A; Pub. L. 110-432, 122 Stat
4885
    Abstract: This rulemaking would prescribe specific requirements for
effective rail inspection frequencies, rail flaw remedial actions,
minimum operator qualifications, and requirements for rail inspection
records. In addition, it would remove the regulatory requirements
concerning joint bar fracture reporting. Section 403(c) of the Rail
Safety Improvement Act of 2008 mandates that FRA promulgate regulations
addressing rail flaw detection inspections.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   10/19/12  77 FR 64249
NPRM Comment Period End.............   12/18/12
Final Rule..........................   09/00/13
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Kathryn Shelton, Trial Attorney, Department of
Transportation, Federal Railroad Administration, 1200 New Jersey Ave.
SE., Washington, DC 20590, Phone:<PHONE_NUMBER>, Email:
<EMAIL_ADDRESS>    RIN: 2130-AC28

357. Railroad System Safety Program

    Legal Authority: 49 U.S.C. 20103; 49 U.S.C. 20107; 49 U.S.C. 20133;
49 U.S.C. 21301 to 21302; 49 U.S.C. 21304; 49 U.S.C. 21311; 28 U.S.C.
2461, note; 49 CFR 1.49
    Abstract: This rulemaking would improve passenger railroad safety
through structured, proactive processes and procedures developed by
passenger railroad operators. It would require passenger railroads to
establish a System Safety Program that would

systematically evaluate and manage risks in order to reduce the number
and rates of railroad accidents, incidents, injuries and fatalities.
This rulemaking was bifurcated from 2130-AC11.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   09/07/12  77 FR 55372
NPRM Comment Period End.............   11/06/12
Final Rule..........................   07/00/13
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Kathryn Shelton, Trial Attorney, Department of
Transportation, Federal Railroad Administration, 1200 New Jersey Ave.
SE., Washington, DC 20590, Phone:<PHONE_NUMBER>, Email:
<EMAIL_ADDRESS>    RIN: 2130-AC31

358. Revisions to Passenger Train Emergency Preparedness Regulations

    Legal Authority: 49 U.S.C. 20103; 49 U.S.C. 20107; 49 U.S.C. 20133;
49 U.S.C. 20141; 49 U.S.C. 20302 to 20303; 49 U.S.C. 20306; 49 U.S.C.
20701 to 20702; 49 U.S.C. 21301 to 21302; 49 U.S.C. 21304; 28 U.S.C.
2461, note; 49 CFR 1.49
    Abstract: The rulemaking would propose a series of unrelated
revisions to 49 CFR part 239. These proposed revisions would: (1)
Create a definition for emergency response communication centers to
ensure that railroad personnel who coordinate first responders receive
control center employee training provided by part 239; (2) require
railroads develop procedures to promote the safe evacuation of disabled
passengers; (3) make the FRA emergency preparedness plan approval
process more efficient; and (4) create new testing and inspection
requirements for railroads covered by part 239. These revisions are
based on a recommendation made to FRA by the Railroad Safety Advisory
Committee.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   06/27/12  77 FR 38248
NPRM Comment Period End.............   08/27/12
Final Rule..........................   05/00/13
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Kathryn Shelton, Trial Attorney, Department of
Transportation, Federal Railroad Administration, 1200 New Jersey Ave.
SE., Washington, DC 20590, Phone:<PHONE_NUMBER>, Email:
<EMAIL_ADDRESS>    RIN: 2130-AC33

359. Roadway Worker Protection; Adjacent-Track On-Track Safety--
Response to Petitions for Reconsideration

    Legal Authority: 49 U.S.C. 20103
    Abstract: This rulemaking would respond to petitions for
reconsideration of the final rule published on November 30, 2011. FRA
received two petitions for reconsideration of the final rule from
railroad industry organizations. The first petition raised concern with
the final rule's cost-benefit analysis and requested several amendments
to the final rule to lessen the potential costs. The second petition
discussed the final rule's potential impact on passenger train service/
resultant costs and requested an amendment to the final rule to allow
passenger trains to travel at higher speeds when passing maintenance of
way work zones implicated by the rulemaking. This Final Rule will make
amendments to the original Adjacent-Track On-Track Safety Final Rule.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Final Rule..........................   01/00/13
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Kathryn Shelton, Trial Attorney, Department of
Transportation, Federal Railroad Administration, 1200 New Jersey Ave.
SE., Washington, DC 20590, Phone:<PHONE_NUMBER>, Email:
<EMAIL_ADDRESS>    RIN: 2130-AC37

360.  Telephonic Notification at Grade Crossings--Response to
Petitions for Reconsideration

    Legal Authority: 28 U.S.C. 2461, note; 49 CFR 1.49; 49 U.S.C.
20103; 49 U.S.C. 20107; 49 U.S.C. 20152; 49 U.S.C. 21301; 49 U.S.C.
21304; 49 U.S.C. 21311; 49 U.S.C. 22501, note; Pub. L. 110-432, Div,
sec 202, 205
    Abstract: The rulemaking would respond to petitions for
reconsideration of the final rule published June 12, 2012. This final
rule will make amendments to the original Systems for Telephonic
Notification of Unsafe Conditions at Highway-Rail and Pathway Grade
Crossings Final Rule. Amendments will be made to certain compliance
dates, signage, and third-party telephone service requirements.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Final Rule..........................   01/00/13
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Kathryn Shelton, Trial Attorney, Department of
Transportation, Federal Railroad Administration, 1200 New Jersey Ave.
SE., Washington, DC 20590, Phone:<PHONE_NUMBER>, Email:
<EMAIL_ADDRESS>    RIN: 2130-AC38

361.  Locomotive Safety Standards Amendments--Response to
Petitions for Reconsideration

    Legal Authority: 49 U.S.C. 20701
    Abstract: This rulemaking would amend and clarify certain sections
of the Locomotive Safety Standards final rule that was issued on April
9, 2012. In response to eight petitions for reconsideration of the
final rule, this rulemaking would amend and clarify the requirements
related to remote control locomotives (RCL), locomotive alerters, and
locomotive electronics. This rulemaking would also clarify how to
properly record the air flow method calibration date and the duration
of the audio indication for RCL.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Final Rule..........................   01/00/13
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Kathryn Shelton, Trial Attorney, Department of
Transportation, Federal Railroad Administration, 1200 New Jersey Ave,
SE., Washington, DC 20590, Phone:<PHONE_NUMBER>, Email:
<EMAIL_ADDRESS>    RIN: 2130-AC39

BILLING CODE 4910-06-P

DEPARTMENT OF TRANSPORTATION (DOT)

Pipeline and Hazardous Materials Safety Administration (PHMSA)

Proposed Rule Stage

362. +Pipeline Safety: Safety of On-Shore Liquid Hazardous Pipelines

    Legal Authority: 49 U.S.C. 60101 et seq.
    Abstract: This rulemaking would establish effective procedures that
hazardous liquid operators can use to improve the protection of High
Consequence Areas (HCA) and other vulnerable areas along their
hazardous

liquid onshore pipelines. PHMSA is considering whether changes are
needed to the existing regulations covering hazardous liquid onshore
pipelines, whether other areas should be included as HCAs for integrity
management (IM) protections, what the repair timeframes should be for
areas outside the HCAs that are assessed as part of the IM program,
whether leak detection standards are necessary, valve spacing
requirements are needed on new construction or existing pipelines, and
PHMSA should extend regulation to certain pipelines currently exempt
from regulation. The agency would also address the public safety and
environmental aspects any new requirements, as well as the cost
implications and regulatory burden.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
ANPRM...............................   10/18/10  75 FR 63774
ANPRM Comment Period End............   01/18/11
ANPRM Comment Period Extended.......   01/04/11  76 FR 303
ANPRM Extended Comment Period End...   02/18/11
NPRM................................   04/00/13
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: John A Gale, Transportation Regulations Specialist,
Department of Transportation, Pipeline and Hazardous Materials Safety
Administration, 1200 New Jersey Avenue SE., Washington, DC 20590,
Phone:<PHONE_NUMBER>, Email<EMAIL_ADDRESS>    RIN: 2137-AE66

363.  Pipeline Safety: Miscellaneous Amendments Related to
Reauthorization and Petitions for Rulemaking (RRR)

    Legal Authority: 49 U.S.C. 60101 et seq.
    Abstract: This rulemaking will address miscellaneous issues that
have been raised because of the reauthorization of the pipeline safety
program in 2012 and petitions for rulemaking from many affected
stakeholders. Some of the issues that this rulemaking would address
include, renewal process for special permits, cost recovery for design
reviews and incident reporting.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   06/00/13
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: John A Gale, Transportation Regulations Specialist,
Department of Transportation, Pipeline and Hazardous Materials Safety
Administration, 1200 New Jersey Avenue SE., Washington, DC 20590,
Phone:<PHONE_NUMBER>, Email<EMAIL_ADDRESS>    RIN: 2137-AE94

DEPARTMENT OF TRANSPORTATION (DOT)

Pipeline and Hazardous Materials Safety Administration (PHMSA)

Final Rule Stage

364. +Hazardous Materials: Revisions to Requirements for the
Transportation of Lithium Batteries

    Legal Authority: 49 U.S.C. 5101 et seq.
    Abstract: This rulemaking would amend the Hazardous Materials
Regulations to comprehensively address the safe transportation of
lithium cells and batteries. The intent of the rulemaking is to
strengthen the current regulatory framework by imposing more effective
safeguards, including design testing to address risks related to
internal short circuits, and enhanced packaging, hazard communication,
and operational measures for various types and sizes of lithium
batteries in specific transportation contexts. The rulemaking would
respond to several recommendations issued by the National
Transportation Safety Board.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   01/11/10  75 FR 1302
NPRM Comment Period End.............   03/12/10
Final Rule..........................   01/00/13
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Kevin Leary, Transportation Specialist, Department
of Transportation, Pipeline and Hazardous Materials Safety
Administration, 1200 New Jersey Avenue SE., Washington, DC 20590,
Phone:<PHONE_NUMBER>, Email<EMAIL_ADDRESS>    RIN: 2137-AE44

365. Hazardous Materials: Miscellaneous Amendments (RRR) (Section 610
Review)

    Legal Authority: 49 U.S.C. 5101 et seq.
    Abstract: This rulemaking would update and clarify existing
requirements by incorporating changes into the Hazardous Materials
Regulations (HMR) based on PHMSA's own initiatives through an extensive
review of the HMR and previously issued letters of interpretation.
Specifically, among other provisions, PHMSA would provide for the
continued use of approvals until final administrative action is taken,
when a correct and completed application for approval renewal was
received 60 days prior to expiration date; update various entries in
the hazardous materials table and the corresponding special provisions;
clarify the lab pack requirements for temperature controlled materials;
correct an error in the HMR with regard to the inspection of cargo tank
motor vehicles containing corrosive materials; and revise the training
requirements to require that hazardous materials employers ensure their
hazardous materials employee training records are available upon
request to an authorized official of the Department of Transportation
or the Department of Homeland Security.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   04/26/12  77 FR 24885
NPRM Comment Period End.............   06/25/12
Final Rule..........................   01/00/13
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Agency Contact: Robert Benedict, Transportation Regulations
Specialist, Department of Transportation, Pipeline and Hazardous
Materials Safety Administration, 1200 New Jersey Avenue SE.,
Washington, DC 20590, Phone:<PHONE_NUMBER>, Email:
<EMAIL_ADDRESS>    RIN: 2137-AE78

BILLING CODE 4910-60-P

DEPARTMENT OF TRANSPORTATION (DOT)

Maritime Administration (MARAD)

Long-Term Actions

366. +Regulations To Be Followed by All Departments, Agencies and
Shippers Having Responsibility to Provide a Preference for U.S.-Flag
Vessels in the Shipment of Cargoes on Ocean Vessels (RRR)

    Legal Authority: 49 CFR 1.66; 46 app U.S.C. 1101; 46 app U.S.C.
1241; 46 U.S.C. 2302 (e)(1); Pub. L. 91-469
    Abstract: This rulemaking would revise and clarify the Cargo
Preference rules that have not been revised substantially since 1971.
Revisions

would include an updated purpose and definitions section along with the
removal of obsolete provisions. This rulemaking also would establish a
new Part 383 to implement the Cargo Preference regulations. This
rulemaking would cover Public Law 110-417, section 3511, National
Defense Authorization Act for FY2009 changes to the cargo preference
rules. The rulemaking also would include compromise, assessment,
mitigation, settlement, and collection of civil penalties. Originally
the agency had two separate rulemakings in process under RIN 2133-AB74
and 2133-AB75. RIN 2133-AB74 would have revised existing regulations
and RIN 2133-AB75 would have established a new part 383: Guidance and
Civil Penalties and implement Public Law 110-417, section 3511,
National Defense Authorization Act for FY 2009. MARAD has decided it
would be more efficient to merge both efforts under one; RIN 2133-AB75
has been merged with this action.
    Timetable: Next Action Undetermined.
    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Christine Gurland, Department of Transportation,
Maritime Administration, 1200 New Jersey Ave SE., Washington, DC 20590,
Phone:<PHONE_NUMBER>, Email<EMAIL_ADDRESS>    RIN: 2133-AB74

[FR Doc. 2012-31500 Filed 1-7-13; 8:45 am]
BILLING CODE 4910-81-P