[Federal Register Volume 84, Number 247 (Thursday, December 26, 2019)]
[Unknown Section]
[Pages 71161-71179]
[FR Doc No: 2019-26583]

Vol. 84

Thursday,

No. 247

December 26, 2019

Part XI

Department of Transportation

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Seminannual Regulatory Agenda

Federal Register / Vol. 84 , No. 247 / Thursday, December 26, 2019 /
UA: Reg Flex Agenda

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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

14 CFR Chs. I-III

23 CFR Chs. I-III

33 CFR Chs. I and IV

46 CFR Chs. I-III

48 CFR Ch. 12

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

[DOT-OST-1999-5129]

Department Regulatory and Deregulatory Agenda; Semiannual Summary

AGENCY: Office of the Secretary, DOT.

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

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SUMMARY: The Regulatory 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;<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.

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
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.
As a result of the RRTF's work, since January 2017, the Department has
issued deregulatory actions that reduce regulatory costs on the public
by over $3.2 billion (in net present value cost savings). Even when the
costs of significant regulatory actions are factored in, the
Department's deregulatory actions still result in over $2.9 billion in
net cost savings (in net present value). With the RRTF's assistance,
the Department has achieved these cost savings in a manner that is
fully consistent with enhancing safety. For example, in March 2019,
FMCSA promulgated a rule titled ELDT Class B to Class A Upgrade, which
will save truck drivers more than $250 million by making it easier (and
cheaper) for a driver who already holds a Class B CDL to upgrade to a
Class A CDL, without having to take the same training again. This
reduces waste without affecting safety.
    The Department has also significantly increased the number of
deregulatory actions it is pursuing. Today, DOT is pursuing over 130
deregulatory rulemakings, up from just 16 in the fall of 2016.

    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 integration of automated vehicles, while
continuing to focus on safety. Automated 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 regulatory
actions that; (1) allow for permanent updates to current FMVSS
reflecting new technology; and (2) 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 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. The FAA has proposed
a rule that will fundamentally change how FAA licenses launches and
reentries of commercial space vehicles moving from prescriptive
requirements to a performance based approach.

Explanation of Information in the Agenda

    An Office of Management and Budget memorandum, dated June 26, 2019,
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.

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--Brandon Roberts, Acting Executive Director, Office of
Rulemaking, 800 Independence Avenue SW, Washington, DC 20591; telephone
(202) 267-9677.
    FHWA--Jennifer Outhouse, Office of Chief Counsel, 1200 New Jersey
Avenue SE, Washington, DC 20590; telephone<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--Amanda Maizel, Office of Chief Counsel, 1200 New Jersey Avenue
SE, Washington, DC 20590; telephone<PHONE_NUMBER>.
    FTA--Chaya Koffman, Office of Chief Counsel, 1200 New Jersey Avenue
SE, Washington, DC 20590; telephone<PHONE_NUMBER>.
    SLSDC--Carrie Mann Lavigne, Chief Counsel, 180 Andrews Street,
Massena, NY 13662; telephone<PHONE_NUMBER>.
    PHMSA--Stephen Gordon, Office of Chief Counsel, 1200 New Jersey
Avenue SE, Washington, DC 20590; telephone<PHONE_NUMBER>.
    MARAD--Gabriel Chavez, Office of Chief Counsel, Maritime
Administration, 1200 New Jersey Avenue SE, Washington, DC 20590;
telephone<PHONE_NUMBER>.
    OST--Jonathan Moss, Assistant General Counsel for Regulation, 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: 9:00 a.m. to 5:00 p.m.

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 (2018) begins in the fall of 2018 and ends in the fall of 2019; Year
2 (2019) begins in the fall of 2019 and ends in the fall of 2020, and
so on. The exception to this general rule is the FAA, which provides
information about the reviews it completed for this year and
prospective information about the reviews it intends to complete in the
next 10 years. Thus, for FAA Year 1 (2017) begins in the fall of 2017
and ends in the fall of 2018; Year 2 (2018) begins in the fall of 2018
and ends in the fall of 2019, and so on. We request public comment on
the timing of the reviews. For example, is there a reason for
scheduling an analysis and review for a particular rule earlier than we
have? Any comments concerning the plan or analyses should be submitted
to the regulatory contacts listed in appendix B, General Rulemaking
Contact Persons.

Section 610 Review

    The agency will analyze each of the rules in 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

------------------------------------------------------------------------
                         Regulations to
         Year              be reviewed     Analysis year    Review year
------------------------------------------------------------------------
1.....................  49 CFR parts 91             2018            2019
                         through 99.
                        14 CFR parts 200
                         through 212.
                        48 CFR parts
                         1201 through
                         1224.
2.....................  48 CFR parts                2019            2020
                         1227 through
                         1253 and new
                         parts and
                         subparts.
3.....................  14 CFR parts 213            2020            2021
                         through 232.
4.....................  14 CFR parts 234            2021            2022
                         through 254.
5.....................  14 CFR parts 255            2022            2023
                         through 298 and
                         49 CFR part 40.
6.....................  14 CFR parts 300            2023            2024
                         through 373.
7.....................  14 CFR parts 374            2024            2025
                         through 398.
8.....................  14 CFR part 399             2025            2026
                         and 49 CFR
                         parts 1 through
                         15.
9.....................  49 CFR parts 17             2026            2027
                         through 28.

10....................  49 CFR parts 29             2027            2028
                         through 39 and
                         parts 41
                         through 89.
------------------------------------------------------------------------

Year 1 (Fall 2018) List of Rules That Are Under Ongoing Analysis
49 CFR part 91--International Air Transportation Fair Competitive
Practices
49 CFR part 92--Recovering Debts to the United States by Salary Offset

     Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
     General: The agency is aware of several outdated
references to operating administrations within the Department that need
to be updated. OST's plain language review of these rules indicates no
need for substantial revision.

49 CFR part 93--Aircraft Allocation
49 CFR part 98--Enforcement of Restrictions on Post-Employment
Activities
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
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
Year 2 (Fall 2019) List of Rules That Will Be Analyzed During the Next
Year
48 CFR parts 1227 through 1253 and new parts and subparts
48 CFR part 1227--Patents, Data, and Copyrights
48 CFR part 1228--Bonds and Insurance
48 CFR part 1231--Contract Costs Principles and Procedures
48 CFR part 1232--Contract Financing
48 CFR part 1233--Protests, Disputes, and Appeals
48 CFR part 1235--Research and Development Contracting
48 CFR part 1236--Construction and Architect-Engineer Contracts
48 CFR part 1237--Service Contracting
48 CFR part 1239--Acquisition of Information Technology
48 CFR part 1242--Contract Administration and Audit Services
48 CFR part 1245--Government Contracting
48 CFR part 1246--Quality Assurance
48 CFR part 1247--Transportation
48 CFR part 1252--Solicitation Provisions and Contract Clauses
48 CFR part 1253--Forms

Federal Aviation Administration

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

------------------------------------------------------------------------
                         Regulations to
         Year              be reviewed     Analysis year    Review year
------------------------------------------------------------------------
1.....................  14 CFR parts 133            2019            2020
                         through 139 and
                         parts 157
                         through 169.
2.....................  14 CFR parts 141            2020            2021
                         through 147 and
                         parts 170
                         through 187.
3.....................  14 CFR parts 189            2021            2022
                         through 198 and
                         parts 1 through
                         16.
4.....................  14 CFR parts 17             2022            2023
                         through 33.
5.....................  14 CFR parts 34             2023            2024
                         through 39 and
                         parts 400
                         through 405.
6.....................  14 CFR parts 43             2024            2025
                         through 49 and
                         parts 406
                         through 415.
7.....................  14 CFR parts 60             2025            2026
                         through 77.
8.....................  14 CFR parts 91             2026            2027
                         through 105.
9.....................  14 CFR parts 417            2027            2028
                         through 460.
10....................  14 CFR parts 119            2028            2029
                         through 129 and
                         parts 150
                         through 156.
------------------------------------------------------------------------

Defining SEISNOSE for FAA Regulations
    The RFA does not define ``significant economic impact.'' Therefore,
there is no clear rule or number to determine when a significant
economic impact occurs. However, the Small Business Administration
(SBA) states that significance should be determined by considering the
size of the business, the size of the competitor's business, and the
impact the same regulation has on larger competitors.
    Likewise, the RFA does not define ``substantial number.'' However,
the legislative history of the RFA suggests that a substantial number
must be at least one but does not need to be an overwhelming percentage
such as more than half. The SBA states that the substantiality of the
number of small businesses affected should be determined on an
industry-specific basis.
    This analysis consisted of the following three steps:
    1. Review of the number of small entities affected by the
amendments to parts 133 through 139 and parts 157 through 169.
    2. Identification and analysis of all amendments to parts 133
through 139 and parts 157 through 169 since 2009 to determine whether
any still have or now have a SEISNOSE.
    3. Review of the FAA's regulatory flexibility assessment of each
amendment performed as required by the RFA.
Year 2 (2020) List of Rules To Be Analyzed the Next Year
14 CFR part 141--Pilot Schools
14 CFR part 142--Training Centers
14 CFR part 143--Reserved
14 CFR part 145--Repair Stations
14 CFR part 147--Aviation Maintenance Technician Schools
14 CFR part 170--Establishment and Discontinuance Criteria for Air
Traffic Control Services and Navigational Facilities
14 CFR part 171--Non-Federal Navigation Facilities
14 CFR part 183--Representatives of the Administrator
14 CFR part 185--Testimony by Employees and Production of Records in
Legal Proceedings, and Service of Legal Process and Pleadings
14 CFR part 187--Fees
Year 2 (2019) List of Rules To Be Analyzed the Next Year
14 CFR part 133--Rotorcraft External-Load Operations
14 CFR part 135--Operating Requirements: Commuter and On Demand
Operations and Rules Governing Persons on Board Such Aircraft
14 CFR part 136--Commercial Air Tours and National Parks Air Tour
Management
14 CFR part 137--Agricultural Aircraft Operations
14 CFR part 139--Certification of Airports
14 CFR part 157--Notice of Construction, Alteration, Activation, and
Deactivation of Airports
14 CFR part 158--Passenger Facility Charges
14 CFR part 161--Notice and Approval of Airport Noise and Access
Restrictions
14 CFR part 169--Expenditure of Federal Funds for Nonmilitary Airports
or Air Navigation Facilities Thereon
Year 1 (2018) List of Rules Analyzed and Summary of Results
14 CFR part 133--Rotorcraft External-Load Operations

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

14 CFR part 135--Operating Requirements: Commuter and On Demand
Operations and Rules Governing Persons on Board Such Aircraft

     Section 610: The agency conducted a Section 610 review of
this part and found Amendment 135-129, 79 FR 9973, Feb. 21, 2014
section 135.117 Briefing of passengers before flight in 14 CFR 135
promulgated since January 2009 has a SEISNOSE within the meaning of the
RFA.
     General: The FAA has considered a number of alternatives
and has taken steps to minimize the impact on small entities in
attempts to lower compliance costs for small entities, but could not go
forward without compromising the safety for the industry. No revisions
are needed.

14 CFR part 136--Commercial Air Tours and National Parks Air Tour
Management

     Section 610: The agency conducted a Section 610 review of
this part and determined no amendments to 14 CFR part 136 published
since 2009. Thus, no SEISNOSE exists in this part.
     General: No changes are needed.

14 CFR part 137--Agricultural Aircraft Operations

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

14 CFR part 139--Certification of Airports

     Section 610: The agency conducted a Section 610 review of
this part and found no SEISNOSE.
     General: No changes are needed. These regulations are cost
effective and impose the least burden
14 CFR part 157--Notice of Construction, Alteration, Activation, and
Deactivation of Airports
     Section 610: The agency conducted a Section 610 review of
this part and determined no amendments to 14 CFR part 136 published
since 2009. Thus, no SEISNOSE exists in this part.
     General: No changes are needed.
14 CFR part 158--Passenger Facility Charges
     Section 610: The agency conducted a Section 610 review of
this part and determined no amendments to 14 CFR part 136 published
since 2009. Thus, no SEISNOSE exists in this part.
     General: No changes are needed.
14 CFR part 161--Notice and Approval of Airport Noise and Access
Restrictions
     Section 610: The agency conducted a Section 610 review of
this part and determined no amendments to 14 CFR part 136 published
since 2009. Thus, no SEISNOSE exists in this part.
     General: No changes are needed.
14 CFR part 169--Expenditure of Federal Funds for Nonmilitary Airports
or Air Navigation Facilities Thereon
     Section 610: The agency conducted a Section 610 review of
this part and determined no amendments to 14 CFR part 136 published
since 2009. Thus, no SEISNOSE exists in this part.
     General: No changes are needed.

Federal Highway Administration

Section 610 and Other Reviews

------------------------------------------------------------------------
                         Regulations to
         Year              be reviewed     Analysis year    Review year
------------------------------------------------------------------------
1.....................  None............            2018            2019

2.....................  23 CFR parts 1              2019            2020
                         to 260.
3.....................  23 CFR parts 420            2020            2021
                         to 470.
4.....................  23 CFR part 500.            2021            2022
5.....................  23 CFR parts 620            2022            2023
                         to 637.
6.....................  23 CFR parts 645            2023            2024
                         to 669.
7.....................  23 CFR parts 710            2024            2025
                         to 924.
8.....................  23 CFR parts 940            2025            2026
                         to 973.
9.....................  23 CFR parts                2026            2027
                         1200 to 1252.
10....................  New parts and               2027            2028
                         subparts.
------------------------------------------------------------------------

Federal-Aid Highway Program
    The Federal Highway Administration (FHWA) has adopted regulations
in title 23 of the CFR, chapter I, related to the Federal-Aid Highway
Program. These regulations implement and carry out the provisions of
Federal law relating to the administration of Federal aid for highways.
The primary law authorizing Federal aid for highways is chapter I of
title 23 of the U.S.C. 145, which expressly provides for a federally
assisted State program. For this reason, the regulations adopted by the
FHWA in title 23 of the CFR primarily relate to the requirements that
States must meet to receive Federal funds for construction and other
work related to highways. Because the regulations in title 23 primarily
relate to States, which are not defined as small entities under the
Regulatory Flexibility Act, the FHWA believes that its regulations in
title 23 do not have a significant economic impact on a substantial
number of small entities. The FHWA solicits public comment on this
preliminary conclusion.
Year 1 (Fall 2018) List of Rules Analyzed and a Summary of Results
    None
Year 2 (Fall 2019) List of Rules That Will Be Analyzed During the Next
Year
23 CFR part 1--General
23 CFR part 140--Reimbursement
23 CFR part 172--Procurement, management, and administration of
engineering and design related services
23 CFR part 180--Credit assistance for surface transportation projects
23 CFR part 190--Incentive payments for controlling outdoor advertising
on the interstate system
23 CFR part 192--Drug offender's driver's license suspension
23 CFR part 200--Title VI program and related statutes--implementation
and review procedures
23 CFR part 230--External programs
23 CFR part 260--Education and training programs

Federal Motor Carrier Safety Administration

Section 610 and Other Reviews

------------------------------------------------------------------------
                         Regulations to
         Year              be reviewed     Analysis year    Review year
------------------------------------------------------------------------
1.....................  49 CFR parts 386            2018            2019
2.....................  49 CFR part 385.            2019            2020
3.....................  49 CFR part 383             2020            2021
                         and 384.
4.....................  49 CFR parts 382            2021            2022
5.....................  49 CFR part 387.            2022            2023
6.....................  49 CFR part 398.            2023            2024
7.....................  49 CFR part 392.            2024            2025
8.....................  49 CFR part 375.            2025            2026
9.....................  49 CFR part 367.            2026            2027
10....................  49 CFR part 395.            2027            2028
------------------------------------------------------------------------

Year 10 (Fall 2018) List of Rules With Ongoing Analysis
49 CFR part 395--Hours of Service (HOS) of Drivers

    Section 610: FMCSA conducted a review of 49 CFR part 395, and found
there was a significant economic impact on a substantial number of
small entities (SEIOSNOSE). The rule restricts the number of hours that
a commercial driver can operate a commercial motor vehicle (CMV). The
SEIOSNOSE is driven by the potential loss of revenue that drivers and
motor carriers could experience if they could operate without
restriction. The Federal HOS regulations promote safe driving of CMV's
by limiting on-duty driving time; thereby improving the likelihood that
drivers have adequate time for restorative rest. Tangible benefits to
small businesses include; streamlined operations, reduced operational
cost, maximized productivity, lowered insurance, improved vehicle
diagnostics, reduced administrative burden, and increased profits.
    General: FMCSA currently is engaged in rulemakings that would: (1)
Add flexibilities to the HOS regulations; and (2) clarify the meaning
of ``agricultural commodities'' whose transport is exempt from the HOS
regulations if certain requirements are met. Aside from the issues
being addressed in these rulemakings, FMCSA has determined that the
regulatory value of the HOS regulations is significant and that it
should be retained. The rule reduces fatigue related crashes,
fatalities, and injuries. These regulations are written consistent with
plain language guidelines, and uses clear and unambiguous language. The
cost burden imposed on a small business is reasonable when compared to
the benefits.
Year 1 (2019) List of Rules With Ongoing Analysis
49 CFR part 386 Rules of Practice for Motor Carrier, Intermodal
Equipment Provider, Broker, Freight Forwarder, and Hazardous Materials
Proceedings
    Section 610: FMCSA conducted a review of 49 CFR part 386, and found
no SEIOSNOSE. 49 CFR part 386 is a permissive set of rules that
establish procedures and proceedings for respondents, petitioners, and
others seeking relief from a determination of non-compliance with
Federal Motor Carrier Safety Regulations or Hazardous Materials
Regulations. The rule also provides a recourse for commercial

drivers to report harassment or coercion. Although not required by the
rule, a small business could elect to incur significant attorney and
court fees to challenge an unfavorable decision.
    General: There is no need for substantial revision. These
regulations provide necessary/clear guidance to industry and drivers.
The regulations are written consistent with plain language guidelines,
are cost effective, and impose the least economic burden to industry.
Year 2 (2020) List of Rules That Will Be Analyzed During the Next Year
49 CFR part 385--Safety Fitness Procedures

National Highway Traffic Safety Administration

Section 610 and Other Reviews

------------------------------------------------------------------------
                         Regulations to
         Year              be reviewed     Analysis year    Review year
------------------------------------------------------------------------
1.....................  49 CFR parts                2018            2019
                         571.223 through
                         571.500, and
                         parts 575 and
                         579.
2.....................  23 CFR parts                2019            2020
                         1200 and 1300.
3.....................  49 CFR parts 501            2020            2021
                         through 526 and
                         571.213.
4.....................  49 CFR parts                2021            2022
                         571.131,
                         571.217,
                         571.220,
                         571.221, and
                         571.222.
5.....................  49 CFR parts                2022            2023
                         571.101 through
                         571.110, and
                         571.135,
                         571.136,
                         571.138 and
                         571.139.
6.....................  49 CFR parts                2023            2024
                         571.141, 529
                         through 578,
                         except parts
                         571 and 575.
7.....................  49 CFR parts                2024            2025
                         571.111 through
                         571.129 and 580
                         through 588.
8.....................  49 parts CFR                2025            2026
                         571.201 through
                         571.212.
9.....................  49 parts CFR                2026            2027
                         571.214 through
                         571.219, except
                         571.217.
10....................  49 CFR parts 591            2027            2028
                         through 595 and
                         new parts and
                         subparts.
------------------------------------------------------------------------

Year 1 (Fall 2019) List of Rules With Ongoing Analysis
49 CFR part 571.223--Rear Impact Guards
49 CFR part 571.224--Rear Impact Protection
49 CFR part 571.225--Child Restraint Anchorage Systems
49 CFR part 571.226--Ejection Mitigation
49 CFR part 571.301--Fuel System Integrity
49 CFR part 571.302--Flammability of Interior Materials
49 CFR part 571.303--Fuel System Integrity of Compressed Natural Gas
Vehicles
49 CFR part 571.304--Compressed Natural Gas Fuel Container Integrity
49 CFR part 571.305--Electric-Powered Vehicles: Electrolyte Spillage
and Electrical Shock Protection
49 CFR part 571.401--Interior Trunk Release
49 CFR part 571.403--Platform Lift Systems for Motor Vehicles
49 CFR part 571.404--Platform Lift Installations in Motor Vehicles
49 CFR part 571.500--Low-Speed Vehicles
49 CFR part 575--Consumer Information
49 CFR part 579--Reporting of Information and Communications About
Potential Defects
23 CFR part 1200 Uniform Procedures for State Highway Safety Grant
Programs
23 CFR part 1300 Uniform Procedures for State Highway Safety Grant
Programs

Federal Railroad Administration

Section 610 and Other Reviews

------------------------------------------------------------------------
                         Regulations to
         Year              be reviewed     Analysis year    Review year
------------------------------------------------------------------------
1.....................  49 CFR parts                2018            2019
                         200, 207, 209,
                         and 210.
2.....................  49 CFR parts                2019            2020
                         211, 212, 213,
                         214, and 215.
3.....................  49 CFR parts                2020            2021
                         216, 217, 218,
                         219, and 220.
4.....................  49 CFR parts                2021            2022
                         221, 222, 223,
                         224, and 225.
5.....................  49 CFR parts                2022            2023
                         227, 228, 229,
                         230, and 231.
6.....................  49 CFR parts                2023            2024
                         232, 233, 234,
                         235, and 236.
7.....................  49 CFR parts                2024            2025
                         237, 238, 249,
                         240, and 241.
8.....................  49 CFR parts                2025            2026
                         242, 243, 244,
                         250, and 256.
9.....................  49 CFR parts                2026            2027
                         261, 262, 264,
                         266, and 268.
10....................  49 CFR parts                2027            2028
                         269, 270, and
                         272.
------------------------------------------------------------------------

Year 1 (Fall 2018) List of Rules Analyzed and a Summary of Results
49 CFR part 200--Informal Rules of Practice for Passenger Service
    [ssquf] Section 610: There is no SEIOSNOSE.
    [ssquf] General: The rule prescribes procedures under which
applications are received and heard and by which rules and orders are
issued primarily affecting the Class I railroads and Amtrak, none of
which are small entities. FRA's plain language review of this rule
indicates no need for substantial revision.
49 CFR part 207--Railroad Police Officers
    [ssquf] Section 610: There is no SEIOSNOSE.
    [ssquf] General: No changes are needed. These regulations are cost
effective and impose the least burden. FRA's plain language review of
this rule indicates no need for substantial revision.
49 CFR part 209--Railroad Safety Enforcement Procedures
    [ssquf] Section 610: There is no SEIOSNOSE.
    [ssquf] General: No changes are needed. These regulations are cost
effective and impose the least burden. FRA's plain language review of
this rule indicates no need for substantial revision.
    49 CFR part 210--Railroad Noise Emission Compliance Regulations
    [ssquf] Section 610: There is no SEIOSNOSE.
    [ssquf] General: To support high-speed rail operations, FRA has
identified substantive changes to the regulations.
Year 2 (Fall 2019) List of Rules(s) That Will Be Analyzed During Next
Year
49 CFR part 211--Rules of Practice
49 CFR part 212--State Safety Participation Regulations

49 CFR part 213--Track Safety Standards
49 CFR part 214--Railroad Workplace Safety
49 CFR part 215--Railroad Freight Car Safety Standards

Federal Transit Administration

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

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

Year 1 (2018) List of Rules Analyzed and Summary of Results
49 CFR part 604--Charter Service

     Section 610: FTA conducted a Section 610 review of 49 CFR
part 604, and determined that it would not result in a SEISNOSE within
the meaning of the RFA. The Charter Service rule ensures that transit
agencies, subsidized with federal funds, do not unfairly compete with
privately-owned charter bus companies. The rule also provides an
exception that allows public transportation agencies to provide charter
service to qualified organizations for the purpose of serving persons
with mobility limitations related to advanced age, persons with
disabilities, or persons with low income. As such, the rule is in place
to protect small entities.
     General: No changes are needed. The regulation implements
the requirements of 49 U.S.C. 5323(d), FTA estimated the costs and
projected benefits of the rule and believes it is cost-effective and
imposes the least burden for statutory compliance. FTA's plain language
review of this rule indicates no need for substantial revision.
49 CFR part 605--School Bus Operations

     Section 610: FTA conducted a Section 610 review of 49 CFR
part 605 and determined that it would not result in a SEISNOSE within
the meaning of the RFA. The School Bus Operations regulation ensures
that transit agencies, subsidized with federal funds, do not engage in
operations exclusively for the transportation of students and school
personnel. This type of exclusive service is not public transportation
and would unfairly compete with private school bus operators. As such,
the rule is in place to protect small entities.
     General: No changes are needed. The regulation implements
the requirements of 49 U.S.C. 5323(f). FTA estimated the costs and
projected benefits of the rule and believes it is cost-effective and
imposes the least burden for statutory compliance. FTA's plain language
review of this rule indicates no need for substantial revision.
49 CFR part 624--Clean Fuels Grant Program
     Section 610: FTA conducted a Section 610 review of 49 CFR
part 624 and determined that it would not result in a SEISNOSE within
the meaning of the RFA. However, the Clean Fuels Grant Program was
repealed by Section 20002 of the Moving Ahead for Progress in the 21st
Century (MAP-21) Act (Pub. L. 112-141), and therefore, part 624
implements a program no longer authorized by law.
     General: FTA will rescind 49 CFR part 624, because the
requirements set forth in the rule were rendered obsolete by statute.
Year 2 (2019) List of Rules To Be Analyzed the Next Year
49 CFR part 609--Transportation for Elderly and Handicapped Persons
49 CFR part 640--Credit Assistance for Surface Transportation Project

Maritime Administration

Section 610 and Other Reviews

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

10....................  46 CFR parts 390            2027            2028
                         through 393.
------------------------------------------------------------------------

Year 1 (2018) List of Rules With Ongoing Analysis
46 CFR part 201--Rules of Practice and Procedure
46 CFR part 202--Procedures relating to review by Secretary of
Transportation of actions by Maritime Subsidy Board
46 CFR part 203--Procedures relating to conduct of certain hearings
under the Merchant Marine Act, 1936, as amended
46 CFR part 204--Claims against the Maritime Administration under the
Federal Tort Claims Act
46 CFR part 205--Audit Appeals; Policy and Procedure
46 CFR part 315--Agency Agreements and Appointment of Agents
46 CFR part 317--Bonding of Ship's Personnel
46 CFR part 324--Procedural Rules for Financial Transactions Under
Agency Agreements
46 CFR part 325--Procedure to Be Followed by General Agents in
Preparation of Invoices and Payment of Compensation Pursuant to
Provisions of NSA Order No. 47
46 CFR part 326--Marine Protection and Indemnity Insurance Under
Agreements with Agents
46 CFR part 327--Seamen's Claims; Administrative Action and Litigation
46 CFR part 328--Slop Chests
46 CFR part 329--Voyage Data
46 CFR part 330--Launch Services
46 CFR part 332--Repatriation of Seamen
46 CFR part 335--Authority and Responsibility of General Agents to
Undertake Emergency Repairs in Foreign Ports
46 CFR part 336--Authority and Responsibility of General Agents to
Undertake in Continental United States Ports Voyage Repairs and Service
Equipment of Vessels Operated for the Account of The National Shipping
Authority Under General Agency Agreement
46 CFR part 337--General Agent's Responsibility in Connection with
Foreign Repair Custom's Entries
46 CFR part 338--Procedure for Accomplishment of Vessel Repairs Under
National Shipping Authority Master Lump Sum Repair Contract--NSA-
Lumpsumrep
46 CFR part 339--Procedure for Accomplishment of Ship Repairs Under
National Shipping Authority Individual Contract for Minor Repairs--NSA-
Worksmalrep
46 CFR part 340--Priority Use and Allocation of Shipping Services,
Containers and Chassis, and Port Facilities and Services for National
Security and National Defense Related Operations
46 CFR part 345--Restrictions Upon the Transfer or Change in Use or In
Terms Governing Utilization of Port Facilities
46 CFR part 346--Federal Port Controllers
46 CFR part 347--Operating Contract
46 CFR part 381--Cargo Preference--U.S.-Flag Vessels
46 CFR part 382--Determination of Fair and Reasonable Rates for the
Carriage of Bulk and Packaged Preference Cargoes on U.S.-Flag
Commercial Vessels
Year 2 (Fall 2019) List of Rules That Will Be Analyzed During the Next
Year
46 CFR parts 221 and 232
46 CFR part 221 Regulated Transactions Involving Documented Vessels and
Other Maritime Interests
46 CFR 232 Uniform Financial Reporting Requirements

Pipeline and Hazardous Materials Safety Administration (PHMSA)

Section 610 and Other Reviews

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

Year 1 (Fall 2019) List of Rules Analyzed and a Summary of Results
49 CFR part 178--Specifications for Packaging Section 610: PHMSA
conducted a review of this part and found no SEISNOSE.
     General: PHMSA has reviewed this part and found that while
the part does not have a SEISNOSE, it could be streamlined to reflect
new technologies and harmonize with certain international references.
Therefore, even though the review indicated that the economic impact on
small entities is not significant, PHMSA has initiated multiple new
deregulatory rulemakings to reduce the compliance burdens of part 178.
Further, PHMSA's plain language review of this part indicates no need
for substantial revision. Where confusing or wordy language has been
identified, PHMSA plans to propose or finalize revisions in the
upcoming biennial international harmonization rulemaking or other
deregulatory rulemakings.
    For example, the Harmonization of International Standards, 2137-
AF32, rulemaking action is part of PHMSA's 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 the 2137-AF32 rulemaking will have on small
entities is not expected to be significant. The rulemaking will clarify
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,
positive economic benefits to shippers, carriers, and packaging
manufacturers and testers, including small entities.
    In conclusion, many companies will realize economic benefits,
because of the amendments in the 2137-AF32 rulemaking. The amendments
are expected to result in an overall net cost savings and ease the
regulatory compliance burden for shippers engaged in domestic and
international commerce, including trans-border shipments within North
America. Additionally, the effective changes of this rulemaking will
relieve U.S. companies, including small entities competing in foreign
markets, from the burden of complying with a dual system of
regulations. This rulemaking is one example of PHMSA's review of
rulemakings which ensures that our rules do not have a significant
economic impact on a substantial number of small entities.
Year 2 (Fall 2020) List of Rules That Will Be Analyzed During the Next
Year
49 CFR part 178--Specifications of Packagings
49 CFR part 179--Specifications for Tank Cars
49 CFR part 180--Continuing Qualification and Maintenance of Packagings

Saint Lawrence Seaway Development Corporation

Section 610 and Other Reviews

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

Year 1 (Fall 2018) List of Rules That Will Be Analyzed During the Next
Year
33 CFR part 401--Seaway Regulations and Rules
33 CFR part 402--Tariff of Tolls
33 CFR part 403--Rules of Procedure of the Joint Tolls Review Board

              Office of the Secretary--Proposed Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
303.......................  +Defining Unfair or                2105-AE72
                             Deceptive Practices.
304.......................  +Accessible Lavatories on          2105-AE88
                             Single-Aisle Aircraft:
                             Part I (Rulemaking
                             Resulting From a Section
                             610 Review).
------------------------------------------------------------------------
+ DOT-designated significant regulation.

             Federal Aviation Administration--Prerule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
305.......................  +Applying the Flight,              2120-AK22
                             Duty, and Rest
                             Requirements to Ferry
                             Flights That Follow
                             Domestic, Flag, or
                             Supplemental All-Cargo
                             Operations
                             (Reauthorization).
306.......................  +Applying the Flight,              2120-AK26
                             Duty, and Rest Rules of
                             14 CFR Part 135 to Tail-
                             End Ferry Operations (FAA
                             Reauthorization).
------------------------------------------------------------------------
+ DOT-designated significant regulation.

          Federal Aviation Administration--Proposed Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
307.......................  +Pilot Records Database            2120-AK31
                             (HR 5900).
308.......................  +Requirements to File              2120-AK77
                             Notice of Construction of
                             Meteorological Evaluation
                             Towers and Other
                             Renewable Energy Projects
                             (Section 610 Review).
309.......................  +Operations of Small               2120-AK85
                             Unmanned Aircraft Over
                             People.
------------------------------------------------------------------------
+ DOT-designated significant regulation.

           Federal Aviation Administration--Long-Term Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
310.......................  +Airport Safety Management         2120-AJ38
                             System.
311.......................  +Regulation Of Flight              2120-AJ78
                             Operations Conducted By
                             Alaska Guide Pilots.
312.......................  +Drug and Alcohol Testing          2120-AK09
                             of Certain Maintenance
                             Provider Employees
                             Located Outside of the
                             United States.
313.......................  +Aircraft Registration and         2120-AK37
                             Airmen Certification Fees.
314.......................  +Helicopter Air Ambulance          2120-AK57
                             Pilot Training and
                             Operational Requirements
                             (HAA II) (FAA
                             Reauthorization).
315.......................  +Registration and Marking          2120-AK82
                             Requirements for Small
                             Unmanned Aircraft.
------------------------------------------------------------------------
+ DOT-designated significant regulation.

    Federal Motor Carrier Safety Administration--Proposed Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
316.......................  +Controlled Substances and         2126-AC11
                             Alcohol Testing: State
                             Driver's Licensing Agency
                             Downgrade of Commercial
                             Driver's License (Section
                             610 Review).
------------------------------------------------------------------------
+ DOT-designated significant regulation.

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

     Federal Motor Carrier Safety Administration--Completed Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
318.......................  Incorporation by                   2126-AC01
                             Reference; North American
                             Standard Out-of-Service
                             Criteria; Hazardous
                             Materials Safety Permits
                             (Section 610 Review).
------------------------------------------------------------------------

           Federal Railroad Administration--Long-Term Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
319.......................  +Train Crew Staffing and           2130-AC48
                             Location.
------------------------------------------------------------------------
+ DOT-designated significant regulation.

   Saint Lawrence Seaway Development Corporation--Proposed Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
320.......................  Tariff of Tolls (Section           2135-AA47
                             610 Review).
------------------------------------------------------------------------

     Saint Lawrence Seaway Development Corporation--Final Rule Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
321.......................  Seaway Regulations and             2135-AA48
                             Rules: Periodic Update,
                             Various Categories
                             (Rulemaking Resulting
                             From a Section 610
                             Review).
------------------------------------------------------------------------

  Pipeline and Hazardous Materials Safety Administration--Proposed Rule
                                  Stage
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
322.......................  +Pipeline Safety:                  2137-AF06
                             Amendments to Parts 192
                             and 195 to Require Valve
                             Installation and Minimum
                             Rupture Detection
                             Standards.
------------------------------------------------------------------------
+ DOT-designated significant regulation.

    Pipeline and Hazardous Materials Safety Administration--Completed
                                 Actions
------------------------------------------------------------------------
                                                           Regulation
       Sequence No.                    Title             Identifier No.
------------------------------------------------------------------------
323.......................  +Pipeline Safety: Safety           2137-AE66
                             of Hazardous Liquid
                             Pipelines.
------------------------------------------------------------------------
+ DOT-designated significant regulation.

DEPARTMENT OF TRANSPORTATION (DOT)

Office of the Secretary (OST)

Proposed Rule Stage

303. +Defining Unfair or Deceptive Practices

    E.O. 13771 Designation: Deregulatory.
    Legal Authority: 49 U.S.C. 41712
    Abstract: This rulemaking would define the phrase ``unfair or
deceptive practice'' found in the Department's aviation consumer
protection statute. The Department's statute is modeled after a similar
statute granting the Federal Trade Commission (FTC) the authority to
regulate unfair or deceptive practices. Using the FTC's policy
statements as a guide, the Department has found a practice to be unfair
if it causes or is likely to cause substantial harm, the harm cannot
reasonably be avoided, and the harm is not outweighed by any
countervailing benefits to consumers or to competition. Likewise, the
Department has found a practice to be deceptive if it misleads or is
likely to mislead a consumer acting reasonably under the circumstances
with respect to a material issue (one that is likely to affect the
consumer's decision with regard to a product or service). This
rulemaking would codify the Department's existing interpretation of
``unfair or deceptive practice,'' and seek comment on whether any
changes are needed. The rulemaking is not expected to impose monetary
costs on regulated entities, and will benefit regulated entities by
providing a clearer understanding of the Department's interpretation of
the statute.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   12/00/19  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Blane A. Workie, Assistant General Counsel,
Department of Transportation, Office of the Secretary, 1200 New Jersey
Avenue SE, Washington, DC 20590, Phone:<PHONE_NUMBER>, Fax: 202-366-
7153, Email<EMAIL_ADDRESS>    RIN: 2105-AE72

304. +Accessible Lavatories On Single-Aisle Aircraft: Part I
(Rulemaking Resulting From a Section 610 Review)

    E.O. 13771 Designation: Regulatory.
    Legal Authority: Air Carrier Access Act, 49 U.S.C. 41705; FAA
Reauthorization Act of 2016, sec. 2108
    Abstract: This rulemaking would require airlines to take steps to
improve the accessibility of lavatories on single-aisle aircraft short
of increasing the size of the lavatories. The rulemaking would ensure
the accessibility of features within an aircraft lavatory, including
but not limited to toilet seat, assist handles, faucets, flush control,
attendant call buttons, lavatory controls and dispensers, lavatory door
sill, and door locks. The rulemaking would also consider standards for
the on-board wheelchair to improve its safety/maneuverability and
easily permit its entry into the aircraft lavatory.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   12/00/19  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Agency Contact: Blaine A. Workie, Assistant General Counsel,
Department of Transportation, Office of the Secretary, 1200 New Jersey
Avenue SE, Washington, DC 20590, Phone:<PHONE_NUMBER>, Fax: 202 366-
7153, Email<EMAIL_ADDRESS>    RIN: 2105-AE88

BILLING CODE 4910-9X-P

DEPARTMENT OF TRANSPORTATION (DOT)

Federal Aviation Administration (FAA)

Prerule Stage

305. +Applying the Flight, Duty, and Rest Requirements to Ferry Flights
That Follow Domestic, Flag, or Supplemental All-Cargo Operations
(Reauthorization)

    E.O. 13771 Designation: Regulatory.
    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
    Abstract: This rulemaking would apply the flight, duty, and rest
requirements for domestic, flag and supplemental operations to ferry
flights that follow domestic, flag or supplemental all-cargo
operations. A ferry flight that follows a domestic, flag or
supplemental all-cargo operation would be subject to the same flight,
duty, and rest rules as the all-cargo operation it follows. This rule
is necessary as it would make part 121 flight, duty, and rest limits
applicable to tail-end ferry flights that follow an all-cargo
operation.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
ANPRM...............................   05/00/20  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Dale E. Roberts, Department of Transportation,
Federal Aviation Administration, 800 Independence Avenue SW,
Washington, DC 20591, Phone:<PHONE_NUMBER>, Email:
<EMAIL_ADDRESS>    RIN: 2120-AK22

306. +Applying the Flight, Duty, and Rest Rules of 14 CFR Part 135 to
Tail-End Ferry Operations (FAA Reauthorization)

    E.O. 13771 Designation: Regulatory.
    Legal Authority: 49 U.S.C. 106(g); 49 U.S.C. 1153; 49 U.S.C. 40101;
49 U.S.C. 40102; 49 U.S.C. 40103; 49 U.S.C. 40113; 49 U.S.C. 41706; 49
U.S.C. 44105; 49 U.S.C. 44106; 49 U.S.C. 44111; 49 U.S.C. 44701 to
44717; 49 U.S.C. 44722; 49 U.S.C. 44901; 49 U.S.C. 44903; 49 U.S.C.
44904; 49 U.S.C. 44906; 49 U.S.C. 44912; 49 U.S.C. 44914; 49 U.S.C.
44936; 49 U.S.C. 44938; 49 U.S.C. 45101 to 45105; 49 U.S.C. 46103
    Abstract: This rulemaking would require a flightcrew member who is
employed by an air carrier conducting operations under part 135, and
who accepts an additional assignment for flying under part 91 from the
air carrier or from any other air carrier conducting operations under
part 121 or 135, to apply the period of the additional assignment
toward any limitation applicable to the flightcrew member relating to
duty periods or flight times under part 135.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
ANPRM...............................   05/00/20  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Dale E. Roberts, Department of Transportation,
Federal Aviation Administration, 800 Independence Avenue SW,
Washington, DC 20591, Phone:<PHONE_NUMBER>, Email:
exception occurred on : 2019-26583.htm
exception occurred on : 2019-26583.htm
dale.[email protected].
    RIN: 2120-AK26

DEPARTMENT OF TRANSPORTATION (DOT)

Federal Aviation Administration (FAA)

Proposed Rule Stage

307. +Pilot Records Database (HR 5900)

    E.O. 13771 Designation: Regulatory.
    Legal Authority: 49 U.S.C. 106(g); 49 U.S.C. 1155; 49 U.S.C. 40103;
49 U.S.C. 40113; 49 U.S.C. 40119; 49 U.S.C. 40120; 49 U.S.C. 41706; 49
U.S.C. 44101; 49 U.S.C. 44111; 49 U.S.C. 44701 to 44705; 49 U.S.C.
44709 to 44713; 49 U.S.C. 44715 to 44717; 49 U.S.C. 44722; 49 U.S.C.
45101 to 45105; 49 U.S.C. 46105; 49 U.S.C. 46306; 49 U.S.C. 46315; 49
U.S.C. 46316; 49 U.S.C. 46504; 49 U.S.C. 46507; 49 U.S.C. 47122; 49
U.S.C. 47508; 49 U.S.C. 47528 to 47531
    Abstract: This rulemaking would implement a Pilot Records Database
as required by Public Law 111-216 (August 1, 2010). Section 203 amends
the Pilot Records Improvement Act by requiring the FAA to create a
pilot records database that contains various types of pilot records.
These records would be provided by the FAA, air carriers, and other
persons who employ pilots. The FAA must maintain these records until it
receives notice that a pilot is deceased. Air carriers would use this
database to perform a record check on a pilot prior to making a hiring
decision.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   12/00/19  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Christopher Morris, Department of Transportation,
Federal Aviation Administration, 6500 South MacArthur Boulevard,
Oklahoma City, OK 73169, Phone:<PHONE_NUMBER>, Email:
<EMAIL_ADDRESS>    RIN: 2120-AK31

308. +Requirements to File Notice of Construction of Meteorological
Evaluation Towers and Other Renewable Energy Projects (Section 610
Review)

    E.O. 13771 Designation: Regulatory.
    Legal Authority: 49 U.S.C. 40103
    Abstract: This rulemaking would add specific requirements for
proponents who wish to construct meteorological evaluation towers at a
height of 50 feet above ground level (AGL) up to 200 feet AGL to file
notice of construction with the FAA. This rule also requires sponsors
of wind turbines to provide certain specific data when filing notice of
construction with the FAA. This rulemaking is a statutory mandate under
section 2110 of the FAA Extension, Safety, and Security Act of 2016
(Pub. L. 114-190).
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   04/00/20  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Agency Contact: Sheri Edgett-Baron, Air Traffic Service, Department
of Transportation, Federal Aviation Administration, 800 Independence
Avenue SW, Washington, DC 20591, Phone:<PHONE_NUMBER>.
    RIN: 2120-AK77

309. +Operations of Small Unmanned Aircraft Over People

    E.O. 13771 Designation: Deregulatory.
    Legal Authority: 49 U.S.C. 106(f); 49 U.S.C. 40101; 49 U.S.C.
40103(b); 49 U.S.C. 44701(a)(5); Pub. L. 112-95, sec. 333
    Abstract: This rulemaking would address the performance-based
standards and means-of-compliance for operation of small unmanned
aircraft systems (sUAS) over people not directly participating in the
operation or not under a covered structure or inside a stationary
vehicle that can provide reasonable protection from a falling small
unmanned aircraft. This rule would provide relief from certain
operational restrictions implemented in the Operation and Certification
of Small Unmanned Aircraft Systems final rule (RIN 2120-AJ60).
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   02/13/19  84 FR 3856
NPRM Comment Period End.............   04/15/19  .......................
Analyzing Comments..................   12/00/19  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Guido Hassig, Department of Transportation, Federal
Aviation Administration, 1 Airport Way, Rochester, NY 14624, Phone:
585-436-3880, Email<EMAIL_ADDRESS>    RIN: 2120-AK85

DEPARTMENT OF TRANSPORTATION (DOT)

Federal Aviation Administration (FAA)

Long-Term Actions

310. +Airport Safety Management System

    E.O. 13771 Designation: Regulatory.
    Legal Authority: 49 U.S.C. 44706; 49 U.S.C. 106(g); 49 U.S.C.
40113; 49 U.S.C. 44701 to 44706; 49 U.S.C. 44709; 49 U.S.C. 44719
    Abstract: This rulemaking would require certain airport certificate
holders to develop, implement, maintain, and adhere to a safety
management system (SMS) for their aviation related activities. An SMS
is a formalized approach to managing safety by developing an
organization-wide safety policy, developing formal methods of
identifying hazards, analyzing and mitigating risk, developing methods
for ensuring continuous safety improvement, and creating

organization-wide safety promotion strategies.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   10/07/10  75 FR 62008
NPRM Comment Period Extended........   12/10/10  75 FR 76928
NPRM Comment Period End.............   01/05/11  .......................
End of Extended Comment Period......   03/07/11  .......................
Second Extension of Comment Period..   03/07/11  76 FR 12300
End of Second Extended Comment         07/05/11  .......................
 Period.
Second NPRM.........................   07/14/16  81 FR 45871
Second NPRM Comment Period End......   09/12/16  .......................
Final Rule..........................   11/00/20  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Dale Williams, Department of Transportation,
Federal Aviation Administration, 800 Independence Avenue, Washington,
DC 20591, Phone:<PHONE_NUMBER>, Email<EMAIL_ADDRESS>    RIN: 2120-AJ38

311. +Regulation of Flight Operations Conducted by Alaska Guide Pilots

    E.O. 13771 Designation: Regulatory.
    Legal Authority: 49 U.S.C. 106(g); 49 U.S.C. 1153; 49 U.S.C. 1155;
49 U.S.C. 40101 to 40103; 49 U.S.C. 40113; 49 U.S.C. 40120; 49 U.S.C.
44101; 49 U.S.C. 44105 to 44016; 49 U.S.C. 44111; 49 U.S.C. 44701 to
44717; 49 U.S.C. 44722; 49 U.S.C. 44901; 49 U.S.C. 44903 and 44904; 49
U.S.C. 44906; 49 U.S.C. 44912; 49 U.S.C. 44914; 49 U.S.C. 44936; 49
U.S.C. 44938; 49 U.S.C. 46103; 49 U.S.C. 46105; 49 U.S.C. 46306; 49
U.S.C. 46315 and 46316; 49 U.S.C. 46504; 49 U.S.C. 46506 and 46507; 49
U.S.C. 47122; 49 U.S.C. 47508; 49 U.S.C. 47528 to 47531; Articles 12
and 29 of 61 Stat. 1180; Pub. L. 106-181, sec. 732
    Abstract: The rulemaking would establish regulations concerning
Alaska guide pilot operations. The rulemaking would implement
Congressional legislation and establish additional safety requirements
for the conduct of these operations. The intended effect of this
rulemaking is to enhance the level of safety for persons and property
transported in Alaska guide pilot operations. In addition, the
rulemaking would add a general provision applicable to pilots operating
under the general operating and flight rules concerning falsification,
reproduction, and alteration of applications, logbooks, reports, or
records. This rulemaking is a statutory mandate under section 732 of
the Wendell H. Ford Aviation Investment and Reform Act for the 21st
Century, (Pub. L. 106-181).
    Timetable: Next Action Undetermined.
    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Jeff Smith, Department of Transportation, Federal
Aviation Administration, 800 Independence Avenue SW, Washington, DC
20785, Phone:<PHONE_NUMBER>, Email<EMAIL_ADDRESS>    RIN: 2120-AJ78

312. +Drug and Alcohol Testing of Certain Maintenance Provider
Employees Located Outside of the United States

    E.O. 13771 Designation: Fully or Partially Exempt.
    Legal Authority: 49 U.S.C. 106(g); 49 U.S.C. 40113; 49 U.S.C.
44701; 49 U.S.C. 44702; 49 U.S.C. 44707; 49 U.S.C. 44709; 49 U.S.C.
44717
    Abstract: This rulemaking would require controlled substance
testing of some employees working in repair stations located outside of
the United States. The intended effect is to increase participation by
companies outside of the United States in testing of employees who
perform safety critical functions and testing standards similar to
those used in the repair stations located in the United States. This
action is necessary to increase the level of safety of the flying
public. This rulemaking is a statutory mandate under section 308(d) of
the FAA Modernization and Reform Act of 2012 (Pub. L. 112-95).
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
ANPRM...............................   03/17/14  79 FR 14621
ANPRM Comment Period Extended.......   05/01/14  79 FR 24631
ANPRM Comment Period End............   05/16/14  .......................
ANPRM Comment Period Extended End...   07/17/14  .......................
NPRM................................   11/00/20  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Vicky Dunne, Department of Transportation, Federal
Aviation Administration, 800 Independence Avenue SW, Washington, DC
20591, Phone:<PHONE_NUMBER>, Email<EMAIL_ADDRESS>    RIN: 2120-AK09

313. +Aircraft Registration and Airmen Certification Fees

    E.O. 13771 Designation: Fully or Partially Exempt.
    Legal Authority: 31 U.S.C. 9701; 4 U.S.C. 1830; 49 U.S.C. 106(f);
49 U.S.C. 106(g); 49 U.S.C. 106(l)(6); 49 U.S.C. 40104; 49 U.S.C.
40105; 49 U.S.C. 40109; 49 U.S.C. 40113; 49 U.S.C. 40114; 49 U.S.C.
44101 to 44108; 49 U.S.C. 44110 to 44113; 49 U.S.C. 44701 to 44704; 49
U.S.C. 44707; 49 U.S.C. 44709 to 44711; 49 U.S.C. 44713; 49 U.S.C.
45102; 49 U.S.C. 45103; 49 U.S.C. 45301; 49 U.S.C. 45302; 49 U.S.C.
45305; 49 U.S.C. 46104; 49 U.S.C. 46301; Pub. L. 108-297, 118 Stat.
1095
    Abstract: This rulemaking would establish fees for airman
certificates, medical certificates, and provision of legal opinions
pertaining to aircraft registration or recordation. This rulemaking
also would revise existing fees for aircraft registration, recording of
security interests in aircraft or aircraft parts, and replacement of an
airman certificate. This rulemaking addresses provisions of the FAA
Modernization and Reform Act of 2012. This rulemaking is intended to
recover the estimated costs of the various services and activities for
which fees would be established or revised.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   12/00/20  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Isra Raza, Department of Transportation, Federal
Aviation Administration, 800 Independence Avenue SW, Washington, DC
20591, Phone:<PHONE_NUMBER>, Email<EMAIL_ADDRESS>    RIN: 2120-AK37

314. +Helicopter Air Ambulance Pilot Training and Operational
Requirements (HAA II) (FAA Reauthorization)

    E.O. 13771 Designation: Regulatory.
    Legal Authority: 49 U.S.C. 106(f); 49 U.S.C. 106(g); 49 U.S.C.
40113; 49 U.S.C. 41706; 49 U.S.C. 44701; 49 U.S.C. 44702; 49 U.S.C.
44705; 49 U.S.C. 44709; 49 U.S.C. 44711 to 44713; 49 U.S.C. 44715 to
44717; 49 U.S.C. 44722; 49 U.S.C. 44730; 49 U.S.C. 45101 to 45105
    Abstract: This rulemaking would develop training requirements for
crew resource management, flight risk evaluation, and operational
control of the pilot in command, as well as develop standards for the
use of flight simulation training devices and line-

oriented flight training. Additionally, it would establish requirements
for the use of safety equipment for flight crewmembers and flight
nurses. These changes will aid in the increase in aviation safety and
increase survivability in the event of an accident. Without these
changes, the Helicopter Air Ambulance industry may continue to see an
unacceptable high rate of aircraft accidents. This rulemaking is a
statutory mandate under section 306(e) of the FAA Modernization and
Reform Act of 2012 (Pub. L. 112-95).
    Timetable: Next Action Undetermined.
    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Chris Holliday, Department of Transportation,
Federal Aviation Administration, 801 Pennsylvania Avenue NW,
Washington, DC 20024, Phone:<PHONE_NUMBER>, Email:
<EMAIL_ADDRESS>    RIN: 2120-AK57

315. +Registration and Marking Requirements for Small Unmanned Aircraft

    E.O. 13771 Designation: Regulatory.
    Legal Authority: 49 U.S.C. 106(f); 49 U.S.C. 41703; 49 U.S.C. 44101
to 44106; 49 U.S.C. 44110 to 44113; 49 U.S.C. 44701
    Abstract: This rulemaking would provide an alternative, streamlined
and simple, web-based aircraft registration process for the
registration of small unmanned aircraft, including small unmanned
aircraft operated as model aircraft, to facilitate compliance with the
statutory requirement that all aircraft register prior to operation. It
would also provide a simpler method for marking small unmanned aircraft
that is more appropriate for these aircraft. This action responds to
public comments received regarding the proposed registration process in
the Operation and Certification of Small Unmanned Aircraft notice of
proposed rulemaking, the request for information regarding unmanned
aircraft system registration, and the recommendations from the Unmanned
Aircraft System Registration Task Force.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Interim Final Rule..................   12/16/15  80 FR 78593
Interim Final Rule Effective........   12/21/15  .......................
OMB Approval of Information            12/21/15  80 FR 79255
 Collection.
Interim Final Rule Comment Period      01/15/16  .......................
 End.
Final Rule..........................   12/00/20  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Bonnie Lefko, Department of Transportation, Federal
Aviation Administration, 6500 South MacArthur Boulevard, Registry
Building 26, Room 118, Oklahoma City, OK 73169, Phone:<PHONE_NUMBER>,
Email<EMAIL_ADDRESS>    RIN: 2120-AK82.

BILLING CODE 4910-13-P

DEPARTMENT OF TRANSPORTATION (DOT)

Federal Motor Carrier Safety, Administration (FMCSA)

Proposed Rule Stage

316. +Controlled Substances and Alcohol Testing: State Driver's
Licensing Agency Downgrade of Commercial Driver's License (Section 610
Review)

    E.O. 13771 Designation: Regulatory.
    Legal Authority: 49 U.S.C. 31136 (a); 49 U.S.C. 31305 (a); 49
U.S.C. 31306a; U.S.C. 31311(a)
    Abstract: The Commercial Driver's License Drug and Alcohol
Clearinghouse (Clearinghouse) final rule (81 FR 87686 (Dec. 5, 2016),
requires State Driver Licensing Agencies (SDLAs) to check the
Clearinghouse before issuing, renewing, transferring, or upgrading a
Commercial Driver's License (CDL) to determine whether the driver is
qualified to operate a commercial motor vehicle (CMV). Drivers who
commit drug or alcohol testing violations are prohibited from operating
a CMV until complying with return-to-duty requirements. FMCSA plans to
propose requirements on SDLAs to take specific actions for individuals'
subject to the CMV driving prohibition. FMCSA also looks to propose
alternate additional actions SDLAs may be required to take after
receiving notice that a driver licensed in their State is subject to
the driving ban. The NPRM would also revise how reports of actual
knowledge violations, based on a citation for Driving Under the
Influence (DUI) in a CMV, would be maintained in the Clearinghouse.
These proposed changes would improve highway safety by increasing
compliance with existing drug and alcohol program requirements.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   01/00/20  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Agency Contact: Juan Moya, Department of Transportation, Federal
Motor Carrier Safety Administration, 1200 New Jersey Ave SE,
Washington, DC 20590, Phone:<PHONE_NUMBER>, Email<EMAIL_ADDRESS>    RIN: 2126-AC11

DEPARTMENT OF TRANSPORTATION (DOT)

Federal Motor Carrier Safety Administration (FMCSA)

Long-Term Actions

317. +Safety Monitoring System and Compliance Initiative for Mexico-
Domiciled Motor Carriers Operating in the United States

    E.O. 13771 Designation: Regulatory.
    Legal Authority: Pub. L. 107-87, sec. 350; 49 U.S.C. 113; 49 U.S.C.
31136; 49 U.S.C. 31144; 49 U.S.C. 31502; 49 U.S.C. 504; 49 U.S.C. 5113;
49 U.S.C. 521(b)(5)(A)
    Abstract: This rule would implement a safety monitoring system and
compliance initiative designed to evaluate the continuing safety
fitness of all Mexico-domiciled carriers within 18 months after
receiving a provisional Certificate of Registration or provisional
authority to operate in the United States. It also would establish
suspension and revocation procedures for provisional Certificates of
Registration and operating authority, and incorporate criteria to be
used by FMCSA in evaluating whether Mexico-domiciled carriers exercise
basic safety management controls. The interim rule included
requirements that were not proposed in the NPRM, but which are
necessary to comply with the FY-2002 DOT Appropriations Act. On January
16, 2003, the Ninth Circuit Court of Appeals remanded this rule, along
with two other NAFTA-related rules, to the Agency, requiring a full
environmental impact statement and an analysis required by the Clean
Air Act. On June 7, 2004, the Supreme Court reversed the Ninth Circuit
and remanded the case, holding that FMCSA is not required to prepare
the environmental documents. FMCSA originally planned to publish a
final rule by November 28, 2003.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   05/03/01  66 FR 22415
NPRM Comment Period End.............   07/02/01  .......................
Interim Final Rule..................   03/19/02  67 FR 12758
Interim Final Rule Comment Period      04/18/02  .......................
 End.

Interim Final Rule Effective........   05/03/02  .......................
Notice of Intent To Prepare an EIS..   08/26/03  68 FR 51322
EIS Public Scoping Meetings.........   10/08/03  68 FR 58162
Next Action Undetermined............
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Dolores Macias, Acting Division Chief, Department
of Transportation, Federal Motor Carrier Safety Administration, 1200
New Jersey Avenue SE, Washington, DC 20590, Phone:<PHONE_NUMBER>, Email:
<EMAIL_ADDRESS>    RIN: 2126-AA35

DEPARTMENT OF TRANSPORTATION (DOT)

Federal Motor Carrier Safety Administration (FMCSA)

Completed Actions

318. Incorporation by Reference; North American Standard Out-of-Service
Criteria; Hazardous Materials Safety Permits (Section 610 Review)

    E.O. 13771 Designation: Fully or Partially Exempt.
    Legal Authority: 49 U.S.C. 5105; 49 U.S.C. 5109
    Abstract: This action will update an existing Incorporation by
Reference (by the Commercial Vehicle Safety Alliance) of the North
American Standard Out-of-Service Criteria and Level VI Inspection
Procedures and Out-of-Service for Commercial Highway Vehicles
Transporting Transuranics and Highway Route Controlled Quantities of
Radioactive Materials as defined in 49 CFR part 173.403.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   12/31/18  83 FR 67705
NPRM Comment Period End.............   01/30/19  .......................
Final Rule..........................   07/08/19  84 FR 32323
Final Rule Effective................   07/08/19  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Agency Contact: Stephanie Dunlap, Department of Transportation,
Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE,
Washington, DC 20590, Phone:<PHONE_NUMBER>, Email:
<EMAIL_ADDRESS>    RIN: 2126-AC01

BILLING CODE 4910-EX-P

DEPARTMENT OF TRANSPORTATION (DOT)

Federal Railroad Administration (FRA)

Long-Term Actions

319. +Train Crew Staffing and Location

    E.O. 13771 Designation: Regulatory.
    Legal Authority: 28 U.S.C. 2461, note; 49 CFR 1.89; 49 U.S.C.
20103; 49 U.S.C. 20107; 49 U.S.C. 21301 and 21302; 49 U.S.C. 21304
    Abstract: This rule would establish requirements to appropriately
address known safety risks posed by train operations that use fewer
than two crewmembers. FRA is considering options based on public
comments on the proposed rule and other information.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   03/15/16  81 FR 13918
NPRM Comment Period End.............   05/16/16  .......................
Next Action Undetermined............
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Amanda Maizel, Attorney Adviser, Department of
Transportation, Federal Railroad Administration, 1200 New Jersey Avenue
SE, Washington, DC 20590, Phone:<PHONE_NUMBER>, Email:
<EMAIL_ADDRESS>    RIN: 2130-AC48

BILLING CODE 4910-06-P

DEPARTMENT OF TRANSPORTATION (DOT)

Saint Lawrence Seaway Development Corporation (SLSDC)

Proposed Rule Stage

320.  Tariff of Tolls (Section 610 Review)

    E.O. 13771 Designation: Not subject to, not significant.
    Legal Authority: 33 U.S.C. 981 et seq.
    Abstract: The Saint Lawrence Seaway Development corporation (SLSDC)
and the St. Lawrence Seaway Management Corporation (SLSMC) of Canada,
under international agreement, jointly publish and presently administer
the St. Lawrence Seaway Tariff of Tolls in their respective
jurisdictions. The Tariff sets forth the level of tolls assessed on all
commodities and vessels transiting the facilities operated by the SLSDC
and the SLSMC.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   03/00/20  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Undetermined.
    Agency Contact: Carrie Lynn Lavigne, Chief Counsel, Department of
Transportation, Saint Lawrence Seaway Development Corporation, 180
Andrews Street, Massena, NY 13662, Phone:<PHONE_NUMBER>, Email:
<EMAIL_ADDRESS>    RIN: 2135-AA47

DEPARTMENT OF TRANSPORTATION (DOT)

Saint Lawrence Seaway Development Corporation (SLSDC)

Final Rule Stage

321.  Seaway Regulations and Rules: Periodic Update, Various
Categories (Rulemaking Resulting From a Section 610 Review)

    E.O. 13771 Designation: Not subject to, not significant.
    Legal Authority: 33 U.S.C. 981 et seq.
    Abstract: The Saint Lawrence Seaway Development Corporation
(SLSDC), the Saint Lawrence Seaway Management Corporation, and the
Saint Lawrence Seaway Management Corporation (SLSMC) of Canada, under
international agreement, jointly publish and presently administer the
Saint Lawrence Seaway Regulations and Rules (Practices and Procedures
in Canada) in their respective jurisdictions. Under agreement with the
SLSMC, the SLSDC is amending the joint regulations by updating the
Seaway Regulations and Rules in various categories.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
Final Rule..........................   03/00/20  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: No.
    Agency Contact: Carrie Lynn Lavigne, Chief Counsel, Department of
Transportation, Saint Lawrence Seaway Development Corporation, 180
Andrews Street, Massena, NY 13662, Phone:<PHONE_NUMBER>, Email:
<EMAIL_ADDRESS>    RIN: 2135-AA48

BILLING CODE 4910-61-P

DEPARTMENT OF TRANSPORTATION (DOT)

Pipeline and Hazardous Materials Safety Administration (PHMSA)

Proposed Rule Stage

322. +Pipeline Safety: Amendments to Parts 192 and 195 To Require Valve
Installation and Minimum Rupture Detection Standards

    E.O. 13771 Designation: Regulatory.
    Legal Authority: 49 U.S.C. 60101 et seq.
    Abstract: PHMSA is proposing to revise the Pipeline Safety
Regulations applicable to newly constructed or entirely replaced
natural gas transmission and hazardous liquid pipelines to improve
rupture mitigation and shorten pipeline segment isolation times in high
consequence and select non-high consequence areas. The proposed rule
defines certain pipeline events as ``ruptures'' and outlines certain
performance standards related to rupture identification and pipeline
segment isolation. PHMSA also proposes specific valve maintenance and
inspection requirements, and 9-1-1 notification requirements to help
operators achieve better rupture response and mitigation. The rule
addresses Congressional mandates, incorporates recommendations from the
National Transportation Safety Board, and is necessary to reduce the
serious consequences of large-volume, uncontrolled releases of natural
gas and hazardous liquids.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
NPRM................................   11/00/19  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Robert Jagger, Technical Writer, Department of
Transportation, Pipeline and Hazardous Materials Safety Administration,
1200 New Jersey Avenue SE, Washington, DC 20590, Phone:<PHONE_NUMBER>,
Email<EMAIL_ADDRESS>    RIN: 2137-AF06

DEPARTMENT OF TRANSPORTATION (DOT)

Pipeline and Hazardous Materials Safety Administration (PHMSA)

Completed Actions

323. +Pipeline Safety: Safety of Hazardous Liquid Pipelines

    E.O. 13771 Designation: Regulatory.
    Legal Authority: 49 U.S.C. 60101 et seq.
    Abstract: This rulemaking amends the Pipeline Safety Regulations to
improve protection of the public, property, and the environment by
closing regulatory gaps where appropriate, and ensuring that operators
are increasing the detection and remediation of unsafe conditions and
mitigating the adverse effects of hazardous liquid pipeline failures.
    Timetable:

------------------------------------------------------------------------
               Action                    Date            FR Cite
------------------------------------------------------------------------
ANPRM...............................   10/18/10  75 FR 63774
Comment Period Extended.............   01/04/11  76 FR 303
ANPRM Comment Period End............   01/18/11  .......................
Extended Comment Period End.........   02/18/11  .......................
NPRM................................   10/13/15  80 FR 61610
NPRM Comment Period End.............   01/08/16  .......................
Final Rule..........................   10/01/19  84 FR 52260
Final Rule Effective................   07/01/20  .......................
------------------------------------------------------------------------

    Regulatory Flexibility Analysis Required: Yes.
    Agency Contact: Cameron H. Satterthwaite, 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

[FR Doc. 2019-26583 Filed 12-23-19; 8:45 am]
BILLING CODE 4910-60-P