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Proposed Rule2024-00449

Department Regulatory and Deregulatory Agenda; Semiannual Summary

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Published

February 9, 2024

Issuing agencies

Transportation Department

Abstract

The Regulatory Agenda is a semiannual summary of all current and projected rulemakings, reviews of existing regulations, and completed rulemaking actions of the Department of Transportation (DOT). The Regulatory Agenda provides the public with information about DOT's planned regulatory activity for the next 12 months. This information enables the public to participate in the Department's regulatory process. The public is encouraged to submit comments on any aspect of this Regulatory Agenda.

Full Text

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<title>Federal Register, Volume 89 Issue 28 (Friday, February 9, 2024)</title>
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[Federal Register Volume 89, Number 28 (Friday, February 9, 2024)]
[Proposed Rules]
[Pages 9608-9624]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-00449]

[[Page 9607]]

Vol. 89

Friday,

No. 28

February 9, 2024

Part XIII

Department of Transportation

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Semiannual Regulatory Agenda

Federal Register / Vol. 89 , No. 28 / Friday, February 9, 2024 / UA:
Reg Flex Agenda

[[Page 9608]]

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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, Department of Transportation.

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

-----------------------------------------------------------------------

SUMMARY: The Regulatory Agenda is a semiannual summary of all current
and projected rulemakings, reviews of existing regulations, and
completed rulemaking actions of the Department of Transportation (DOT).
The Regulatory Agenda provides the public with information about DOT's
planned regulatory activity for the next 12 months. This information
enables the public to participate in the Department's regulatory
process. The public is encouraged to submit comments on any aspect of
this Regulatory Agenda.

FOR FURTHER INFORMATION CONTACT: Please direct all comments and
inquiries on the Regulatory Agenda to Daniel Cohen, Assistant General
Counsel for Regulation and Legislation, Office of the General Counsel,
Department of Transportation, 1200 New Jersey Avenue SE, Washington, DC
20590; (202) 366-4702.
To obtain a copy of a specific regulatory document in the
Regulatory Agenda, you should communicate directly with the contact
person listed with the regulation. We note that most such documents,
including the Semiannual Regulatory Agenda, are available through the
internet at <a href="http://www.regulations.gov">http://www.regulations.gov</a>.

SUPPLEMENTARY INFORMATION:

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. The information contained in the Regulatory Agenda should
enable the public to be aware of the Department's planned regulatory
activities 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 about any specific item on the Regulatory Agenda. Regulatory
action, in addition to the items listed, is not precluded.

Request for Comments

General

DOT's Regulatory Agenda is intended primarily for the use of the
public. Since its inception, the Department has made modifications and
refinements that provide the public with more helpful information, as
well as making the Regulatory Agenda easier to use. We would like you,
the public, to make suggestions or comments on how the Regulatory
Agenda could be further improved.

Regulatory Flexibility Act

The Department 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. DOT also has responsibilities under section 610 of the
Regulatory Flexibility Act, Executive Order 12866, ``Regulatory
Planning and Review,'' and Executive Order 13563, ``Improving
Regulation and Regulatory Review,'' 76 FR 3821 (January 18, 2011) to
conduct such reviews. We are committed to continuing our reviews of
existing rules and, if it is needed, will initiate rulemaking actions
based on these reviews. Generally, each DOT operating administration
divides its rules into 10 different groups and plans to analyze one
group each year. In each Fall Regulatory Agenda, each operating
administration will publish the results of the analyses it has
completed during the previous year. The most recent results appeared in
the Department's 2022 Fall Regulatory Agenda Preamble, which was
published in the Federal Register on February 22, 2023. The Department
is 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 the Department, along with your explanation of why they should
be reviewed.

Consultation With State, Local, and Tribal Governments

Executive Orders 13132 and 13175 require the Department to develop
a 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.

Subash Iyer,
Acting General Counsel, Department of Transportation.

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

Part I--The Plan

General

The Department of Transportation has responsibilities under
section 610 of the Regulatory Flexibility Act and subsequent
executive orders to conduct reviews of its existing regulations. 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 began 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, 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.

[[Page 9609]]

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 publication
annually of the fall 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?

Section 610 Review

The agency will analyze each of the rules in each 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 the Department 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, DOT 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 <a href="http://www.reginfo.gov">www.reginfo.gov</a>. 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 10 (Fall 2018) List of Rules Analyzed and Summary of Results

49 CFR part 30--Denial of Public Works Contracts to Suppliers of
Goods and Services of Countries that Deny Procurement Market Access
to U.S. Contractors

<bullet> Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
<bullet> General: No changes are needed. These regulations are
cost effective and impose the least burden. OST's plain language
review of these rules indicates no need for substantial revision.

49 CFR part 31--Program Fraud Civil Remedies

49 CFR part 37--Transportation Services for Individuals with
Disabilities (ADA)

<bullet> The U.S. Department of Transportation (DOT) Office of
the Secretary (OST), with the assistance of its Operating
Administrations, including the Federal Transit Administration (FTA),
is in the process of issuing multiple rulemakings that call for
changes to the regulatory language in 49 CFR part 37. Specifically,
OST is administering a rulemaking titled: ``Transportation for
Individuals with Disabilities; Service Animals and Other
Amendments'' (RIN 2105-AF08) which would propose changes to the
definition of ``service animal'' in 49 CFR part 37.3, and several
other technical corrections to outdated provisions, such as that
referencing a make and model of a lift that has been out of
production for three decades (49 CFR part 37.165(g)). In addition,
OST is developing a rulemaking titled ``Equitable Access to Transit
Facilities'' (RIN 2105-AF07) in which DOT would consider
requirements for secondary elevators, induction loops, and
improvements in wayfinding in transit stations. In conjunction with
these pending rulemakings, DOT will need to conduct a section 610
review of this part, and, if appropriate, initiate additional
rulemaking(s) to minimize the SEISNOSE, bring the regulation into
compliance with statutory requirements, and/or revise the regulation
for plain language.

49 CFR part 38--Americans with Disabilities Act (ADA) Accessibility
Specifications for Transportation Vehicles

[[Page 9610]]

Access Board (USAB) on December 14, 2016. In conjunction with this
pending rulemaking, OST will need to conduct a Section 610 review of
this part, and, if appropriate, initiate additional rulemaking(s) to
minimize the SEISNOSE, bring the regulation into compliance with
statutory requirements, and/or revise the regulation for plain
language.

49 CFR part 39--Transportation for Individuals with Disabilities:
Passenger Vessels

<bullet> Section 610: The U.S. Department of Transportation
(DOT) Office of the Secretary (OST) conducted a section 610 review
of this part and found SEISNOSE. The regulation requires owners and
operators of passenger vessels to 1) ensure their vessels and
related facilities are accessible; and 2) take steps to accommodate
passengers with disabilities. These requirements can entail
significant investments from owners and operators of passenger
vessels, many of whom qualify as small businesses as defined by the
U.S. Small Business Administration. OST plans to explore whether it
is appropriate to initiate a rulemaking to revise this regulation to
minimize the SEISNOSE.
<bullet> General: In considering ways to minimize the SEISNOSE
for Part 39, DOT plans to explore whether to modify the definition
of ``service animal'' in 49 CFR 39.3. The current definition is
inconsistent with the amendments made by the Department of Justice
(DOJ) on July 23, 2010, (see 28 CFR 35.104 and 35.136), as well as
the definition under DOT's Air Carrier Access Act regulations (see
14 CFR 382.3), as amended on December 10, 2020. The current
requirement under 49 CFR 39.3 defines service animals as ``any guide
dog, signal dog, or other animal individually trained to work or
perform tasks for an individual with a disability.'' DOJ defines a
service animal in terms of ``any dog that is individually trained to
do work or perform tasks for the benefit of an individual with a
disability, including a physical, sensory, psychiatric,
intellectual, or other mental disability'' (see 28 CFR 35.104)
(emphasis added). Under DOJ regulations at 28 CFR 35.136(i),
reasonable modifications in policy and practices must also be made
where necessary to accommodate miniature horses as service animals.
In contrast, the passenger vessel industry operating under Part 39
remains subject to requirements for accommodating unusual service
animals, such as reptiles and primates. Updating the definition of
``service animal'' under 49 CFR 39.3 would ensure consistency across
Federal regulations and remove the confusion that results for
individuals with service animals when different standards apply to
different public facilities and modes of transportation. OST has
already determined to consider updates to the ``service animal''
definition contained in 49 CFR 37.3 (Part 37 governs Transportation
Services for Individuals with Disabilities (ADA)) for the
aforementioned reasons and is in the process of developing a
rulemaking on that issue titled: ``Transportation for Individuals
with Disabilities; Service Animals and Technical Corrections'' (RIN
2105-AF08).
As a result, OST will consider whether to conduct a rulemaking
to bring this regulation into compliance with the statutory
requirements and to bring consistency to the regulatory regime
governing different modes of transportation. OST's plain language
review of this regulation indicates no need for substantial
revision.
In addition to the above considerations, DOT notes that the U.S.
Access Board (USAB) is in the process of developing guidelines under
the Americans with Disabilities Act (ADA) for access to ferries,
cruise ships, excursion boats, and other large passenger vessels.
Those guidelines have not been finalized yet, however, and OST
proposes incorporating only final guidelines into DOT's regulations.

49 CFR part 71--Standard Time Zone Boundaries

<bullet> Section 610: OST has reviewed these regulations and
found no SEISNOSE.
<bullet> General: OST has reviewed these regulations and found
that some nonsubstantive technical corrections are needed. OST has
initiated a rulemaking to make these corrections.

49 CFR part 79--Medals of Honor

<bullet> Section 610: The U.S. Department of Transportation
(DOT) Office of the Secretary (OST) conducted a Section 610 review
of this part and found no SEISNOSE.
<bullet> General: No changes are needed. These regulations are
cost effective and impose the least burden. OST's plain language
review of these rules indicates no need for substantial revision.

49 CFR part 92--Recovering Debts to the United States by Salary
Offset

49 CFR part 98--Enforcement of Restrictions on Post-Employment
Activities

<bullet> Section 610: OST conducted a Section 610 review of this
part and found no SEISNOSE.
<bullet> General: These regulations are cost effective and
impose the least burden. OST's plain language review of these rules
indicates no need for substantial revision. Since the rule was
enacted, the U.S. Department of Transportation's organizational
structure changed, and as a result DOT will consider updating the
list of DOT Operating Administrations (OAs) listed in 49 CFR 98.2 to
reflect the current listing of DOT OAs in 49 CFR 89.2(a), as
follows: (1) references to the U.S. Coast Guard (at 49 CFR
98.2(a)(1)), Urban Mass Transportation Administration (at 49 CFR
98.2(a)(6), and Research and Special Programs Administration (at 49
CFR 98.2(a)(8) should be deleted; (2) reference to the Saint
Lawrence Seaway Development Corporation at 49 CFR 98.2(a)(7) should
be changed to the Great Lakes Saint Lawrence Seaway Development
Corporation; and (3) references to the Federal Motor Carrier Safety
Administration, Federal Transit Administration, and Pipeline and
Hazardous Materials Safety Administration should be added. In
addition, since the rule was enacted, the title of the Assistant
General Counsel for Environmental, Civil Rights, and General Law has
been updated to the Assistant General Counsel for General Law, so
the following change would be considered in 49 CFR 98.3 and 98.4:
references to the Assistant General Counsel for Environmental, Civil
Rights, and General Law should be updated to the Assistant General
Counsel for General Law. OST's plain language review of these rules
indicates no need for substantial revision.

49 CFR part 99--Employee Responsibilities and Conduct

48 CFR parts 1201-1224

<bullet> Section 610: OST has reviewed the regulations at 48 CFR
parts 1201-1224 and found no SEISNOSE.
<bullet> General: OST determined that updates were needed to the
regulations at 48 CFR parts 1201-1224. The regulations were updated
as part of RIN 2105-AE26 (Revisions to the Transportation
Acquisition Regulations) The final rule published on October 7,
2022.

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 1213--Simplified Acquisition Procedures
48 CFR part 1214--Sealed Bidding
48 CFR part 1215--Contracting by Negotiation

[[Page 9611]]

48 CFR part 1216--Types of Contracts
48 CFR part 1217--Special Contracting Methods
48 CFR part 1219--Small Business Programs
48 CFR part 1222--Application of Labor Laws to Government
Acquisitions
48 CFR part 1223--Environment, Energy and Water Efficiency,
Renewable Energy Technologies, Occupational Safety, and Drug-Free
Workplace
48 CFR part 1224--Protection of Privacy and Freedom of Information

Year 1 (Fall 2018) List of Rules That Are Under Ongoing Analysis

49 CFR part 93--Aircraft Allocation
14 CFR part 200--Definitions and Instructions
14 CFR part 201--Air Carrier Authority under Subtitle VII of Title
49 of the United States Code [Amended]
14 CFR part 203--Waiver of Warsaw Convention Liability Limits and
Defenses
14 CFR part 204--Data to Support Fitness Determinations
14 CFR part 205--Aircraft Accident Liability Insurance
14 CFR part 206--Certificates of Public Convenience and Necessity:
Special Authorizations and Exemptions
14 CFR part 207--Charter Trips by U.S. Scheduled Air Carriers
14 CFR part 208--Charter Trips by U.S. Charter Air Carriers
14 CFR part 211--Applications for Permits to Foreign Air Carriers
14 CFR part 212--Charter Rules for U.S. and Foreign Direct Air
Carriers

Year 2 (Fall 2019) List of Rules Analyzed and Summary of Results

48 CFR parts 1227 through 1253 and new parts and subparts

<bullet> Section 610: OST has reviewed the regulations at 48 CFR
parts 1227-1253 and found no SEISNOSE.
<bullet> General: OST determined that updates were needed to the
regulations at 48 CFR parts 1227-1253. The regulations were updated
as part of RIN 2105-AE26 (Revisions to the Transportation
Acquisition Regulations) The final rule published on October 7,
2022.

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

Year 3 (Fall 2020) List of Rules Analyzed and Summary of Results

14 CFR parts 213 through 232
14 CFR 213--Terms, Conditions and Limitations of Foreign Air Carrier
Permits

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

14 CFR 214--Terms, Conditions, and Limitations for Foreign Air
Carrier Permits Authorizing Charter Transportation Only

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

14 CFR 215--Use and Change of Names of Air Carriers, Foreign Air
Carriers and Commuter Air Carriers

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

14 CFR 216--Commingling of Blind Sector Traffic by Foreign Air
Carriers

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

14 CFR 218--Lease by Foreign Air Carrier or Other Foreign Person of
Aircraft with Crew

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

14 CFR 221--TARIFFS

Section 610: OST conducted a Section 610 review of this part and
found no SEISNOSE.
General: OST reviewed and has found that a non-substantive
technical correction is necessary and will explore options to make
this correction.

14 CFR 222--Intermodal Cargo Services by Foreign Air Carriers

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

14 CFR 223--Free and Reduced-Rate Transportation

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

Year 6 (Fall 2024) List of Rules That Will Be Analyzed During the Next
Year

14 CFR part 300--RULES OF CONDUCT IN DOT PROCEEDING UNDER THIS
CHAPTER
14 CFR part 302--RULES OF PRACTICE IN PROCEEDINGS

<bullet> Section 610 (Subpart D): The U.S. Department of
Transportation (DOT) Office of the Secretary (OST) conducted a
Section 610 review of this part and found no SEISNOSE.
<bullet> General (Subpart D): No changes are needed. These
regulations are cost effective and impose the least burden. OST's
plain language review of these rules indicates no need for
substantial revision. Rule was updated in 2019.

14 CFR part 303--REVIEW OF AIR CARRIER AGREEMENTS
14 CFR part 305--RULES OF PRACTICE IN INFORMAL NONPUBLIC
INVESTIGATIONS

14 CFR part 313--IMPLEMENTATION OF THE ENERGY POLICY AND
CONSERVATION ACT
14 CFR part 323--TERMINATIONS, SUSPENSIONS, AND REDUCTIONS
14 CFR part 325--ESSENTIAL AIR SERVICE PROCEDURES
14 CFR part 330--PROCEDURES FOR COMPENSATION OF AIR CARRIERS
14 CFR part 372--OVERSEAS MILITARY PERSONNEL CHARTERS

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.

[[Page 9612]]

------------------------------------------------------------------------
Regulations to
Year be reviewed Analysis year Review year
------------------------------------------------------------------------
1..................... 14 CFR parts 141 2020 2021
through 147 and
parts 170
through 187.
2..................... 14 CFR parts 189 2021 2022
through 198 and
parts 1 through
16.
3..................... 14 CFR parts 17 2022 2023
through 33.
4..................... 14 CFR parts 34 2023 2024
through 39 and
parts 400
through 405.
5..................... 14 CFR parts 43 2024 2025
through 49 and
parts 406
through 415.
6..................... 14 CFR parts 60 2025 2026
through 77.
7..................... 14 CFR parts 91 2026 2027
through 107.
8..................... 14 CFR parts 417 2027 2028
through 460.
9..................... 14 CFR parts 119 2028 2029
through 129 and
parts 150
through 156.
10.................... 14 CFR parts 133 2029 2030
through 139 and
parts 157
through 169.
------------------------------------------------------------------------

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 34 through 39, and parts 400 through 405.
2. Identification and analysis of all amendments to parts 34
through 39, and parts 400 through 405 since 2013 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 1 (Fall 2023) List of Rules Analyzed and Summary of Results

14 CFR part 34--Fuel Venting and Exhaust Emission Requirements for
Turbine Engine Powered Airplanes

Section 610: The agency conducted a Section 610 Review of this
part and determined no amendments to 14 CFR part 34 promulgated
since January 2013 has or will have a SEISNOSE.
General: No changes are needed. These regulations are cost
effective and impose the least burden.

14 CFR part 35--Airworthiness Standards: Propellers

Section 610: The agency conducted a Section 610 Review of this
part and determined no amendments to 14 CFR part 35 promulgated
since January 2013 has or will have a SEISNOSE.
General: No changes are needed. These regulations are cost
effective and impose the least burden.

14 CFR part 36--Noise Standards: Aircraft Type and Airworthiness
Certification

Section 610: The agency conducted a Section 610 Review of this
part and determined no amendments to 14 CFR part 36 promulgated
since January 2013 has or will have a SEISNOSE.
General: No changes are needed.

14 CFR part 39--Airworthiness Directives

Section 610: The agency conducted a Section 610 Review of this
part and determined no amendments to 14 CFR part 39 promulgated
since January 2013 has or will have a SEISNOSE.
General: No changes are needed. These regulations are cost
effective and impose the least burden.

14 CFR part 400--Basis and Scope

Section 610: The agency conducted a Section 610 Review of this
part and determined no amendments to 14 CFR part 400 promulgated
since January 2013 has or will have a SEISNOSE.
General: No changes are needed. These regulations are cost
effective and impose the least burden.

14 CFR part 401--Organization and Definitions

Section 610: The agency conducted a Section 610 Review of this
part and determined no amendments to 14 CFR part 401 promulgated
since January 2013 has or will have a SEISNOSE.
General: No changes are needed.

14 CFR part 404--Petition and Rulemaking Procedures

Section 610: The agency conducted a Section 610 Review of this
part and determined no amendments to 14 CFR part 404 promulgated
since January 2013 has or will have a SEISNOSE.
General: No changes are needed.

14 CFR part 405--Compliance and Enforcement

Section 610: The agency conducted a Section 610 Review of this
part and determined no amendments to 14 CFR part 405 promulgated
since January 2013 has or will have a SEISNOSE.
General: No changes are needed.

Year 2 (2024) List of Rules To Be Analyzed the Next Year

14 CFR parts 43 through 49 and parts 406 through 415
14 CFR part 43--Maintenance, Preventive Maintenance, Rebuilding, and
Alteration
14 CFR part 45--Identification and Registration Marking
14 CFR part 47--Aircraft Registration
14 CFR part 48--Registration and Marking Requirements for Small
Unmanned Aircraft
14 CFR part 49--Recording of Aircraft Titles and Security Documents
14 CFR part 406--Investigations, Enforcement, and Administrative
Review
14 CFR part 413--License Application Procedures
14 CFR part 414--Safety Element Approvals
14 CFR part 415--Launch License

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.
------------------------------------------------------------------------

[[Page 9613]]

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 5 (Fall 2022) List of Rules Analyzed and a Summary of the Results

23 CFR part 620--Engineering

<bullet> Section 610: No SEISNOSE. No small entities are
affected.
<bullet> General: No changes are needed for purposes of the
Regulatory Flexibility Act. FHWA's plain language review of the
regulations indicates no need for substantial revision.

23 CFR part 625--Design Standards for Highways

<bullet> Section 610: No SEISNOSE. No small entities are
affected.
<bullet> General: No changes are needed for purposes of the
Regulatory Flexibility Act. FHWA recently updated aspects of the
part 625 regulations under RIN 2125-AF88 (87 FR 32, (January 3,
2022)). FHWA's plain language review of the regulations indicates no
need for substantial revision.

23 CFR part 626--Pavement Policy

<bullet> Section 610: No SEISNOSE. No small entities are
affected.
<bullet> General: No changes are needed for purposes of the
Regulatory Flexibility Act. FHWA is proposing to revise aspects of
the part 626 regulations under RIN 2125-AF96. FHWA's plain language
review of the regulations indicates no need for substantial
revision.

23 CFR part 627--Value Engineering

23 CFR part 630--Preconstruction Procedures

<bullet> Section 610: No SEISNOSE. No small entities are
affected.
<bullet> General: No changes are needed for purposes of the
Regulatory Flexibility Act. FHWA is proposing to revise aspects of
the part 630 regulations under RINs 2125-AG03 and 2125-AG05. FHWA's
plain language review of the regulations indicates no need for
substantial revision.

23 CFR part 633--Required Contract Provisions

<bullet> Section 610: No SEISNOSE. No small entities are
affected.
<bullet> General: No changes are needed for purposes of the
Regulatory Flexibility Act. FHWA is proposing to revise aspects of
the part 633 regulations under RIN 2125-AG11. FHWA's plain language
review of the regulations indicates no need for substantial
revision.

23 CFR part 635--Construction and Maintenance

<bullet> Section 610: No SEISNOSE. No small entities are
affected.
<bullet> General: No changes are needed for purposes of the
Regulatory Flexibility Act. FHWA recently updated aspects of the
part 635 regulations under RIN 2125-AF83 (87 FR 67553 (November 9,
2022)). FHWA's plain language review of the regulations indicates no
need for substantial revision.

23 CFR part 636--Design-build Contracting

23 CFR part 637--Construction Inspection and Approval

Year 6 (Fall 2023) List of Rules That Will Be Analyzed During the Next
Year

23 CFR part 645--Utilities
23 CFR part 646--Railroads
23 CFR part 650--Bridges, Structures, and Hydraulics
23 CFR part 655--Traffic Operations
23 CFR part 656--Carpool and Vanpool Projects
23 CFR part 657--Certification of Size and Weight Enforcement
23 CFR part 658--Truck Size and Weight, Route Designations--Length,
Width and Weight Limitations
23 CFR part 660--Special Programs (Direct Federal)
23 CFR part 661--Indian Reservation Road Bridge Program
23 CFR part 667--Periodic Evaluation of Facilities Repeatedly
Requiring Repair and Reconstruction Due to Emergency Events
23 CFR part 668--Emergency Relief Program
23 CFR part 669--Enforcement of Heavy Vehicle Use Tax

Federal Motor Carrier Safety Administration

Section 610 and Other Reviews

Year 4 (2021) List of Rules With Ongoing Analysis

49 CFR part 380--Special Training Requirements

<bullet> Section 610: FMCSA analyzed 49 CFR part 380 and found
no SEISNOSE.
<bullet> 49 CFR part 380 is comprised of two distinct training
matters. Subparts A through D establish minimum requirements for
operators of longer combination vehicles (LCVs) and LCV driver-
instructors. These parts introduce minor administrative costs of
retaining records in case of a future investigation and training
costs as directed by statute.\1\ It identifies prudent business-
related costs that a small business desiring to

[[Page 9614]]

provide such training would incur whether the rule existed or not.
---------------------------------------------------------------------------

\1\ Section 31307. Minimum training requirements for operators
of longer combination vehicles (a) Definition. In this section,
``longer combination vehicle'' means a vehicle consisting of a truck
tractor and more than one trailer or semitrailer that operates on
the Dwight D. Eisenhower System of Interstate and Defense Highways
with a gross vehicle weight of more than 80,000 pounds. (b)
Requirements. The Secretary of Transportation shall maintain
regulations establishing minimum training requirements for operators
of longer combination vehicles. The training shall include
certification of an operator's proficiency by an instructor who has
met the requirements established by the Secretary.
---------------------------------------------------------------------------

<bullet> Subparts E through G address entry-level driver
training. A major regulatory change was the introduction of the
Entry-Level Driver Training (ELDT) rule which directed a compliance
date of February 7, 2022.
<bullet> The rule was updated to ensure new entrant drivers are
qualified. The rule affects entry-level drivers seeking a CDL or a
hazardous material (H), passenger (P), or school bus (S)
endorsement, motor carriers, and training providers. Entry-level
drivers are not small entities as defined by the U.S. Small Business
Administration (SBA) and are therefore not included in this
analysis. This rule does not directly regulate motor carriers except
in cases where the carrier elects to register as a certified
trainer. The ELDT rule requires motor carriers to maintain training
records which drives a minimal cost.
<bullet> Motor carriers and training/educational institutions
seeking to register on the Training Provider Registry (TRP) as
training providers must retain certain records and update the TPR
website with company and student information. The costs are minimal.
It also requires lesson plans and training criteria to comply with
federal, state, and local requirements.
<bullet> General: There is no need for substantial revision.
These regulations provide necessary/clear guidance to industry
employers, drivers, and training providers. The regulations are
written consistent with plain language guidelines, are cost-
effective, and impose the least economic burden on the industry.

Year 5 (2022) List of Rules With Ongoing Analysis

49 CFR part 387--Minimum Levels of Financial Responsibility for
Motor Carriers

<bullet> Section 610: FMCSA analyzed 49 CFR part 387 but found
no SEIOSNOSE.
<bullet> Under 49 U.S.C. 31138 and 31139, FMCSA is required to
establish minimum levels of financial responsibility at or above the
levels set by Congress. FMCSA's regulations (49 CFR part 387
subparts A and B) require for-hire property, passenger motor
carriers, and all motor carriers transporting hazardous materials to
maintain financial responsibility at the statutory minimums set
forth in 49 U.S.C. 31138 and 31139.
<bullet> 49 CFR part 387 affects a substantial number of small
entities, but the cost of required minimums does not impose a
significant economic impact because the industry standard imposed by
most lenders requires a higher level of coverage. Also, because the
financial responsibility requirements were imposed by an act of
Congress, FMCSA cannot further reduce the burden and satisfy the
statutory directive Beyond the costs of obtaining insurance, 49 CFR
part 387, subpart C, requires for-hire motor carriers subject to the
Agency's jurisdiction under 49 U.S.C. 13501 to file evidence of
financial responsibility with FMCSA. The cost of this administrative
activity is minimal and does not rise to the level of a significant
economic impact.
General: There is no need for substantial revision. These
regulations provide necessary/clear guidance to ``For-hire''
property and passenger motor carriers. The regulations are cost-
effective and impose the least economic burden on the industry.

Year 6 (2023) List of Rules That Will Be Analyzed During the Next Year

49 CFR part 398--Transportation of Migrant Workers

National Highway Traffic Safety Administration

Section 610 and Other Reviews

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

Years 1 Through 6 (Fall 2019-2024) List of Rules With Ongoing or
Pending Analysis

49 CFR part 571.101--Controls and displays
49 CFR part 571.102--Transmission shift position sequence, starter
interlock, and transmission braking effect
49 CFR part 571.103--Windshield defrosting and defogging systems
49 CFR part 571.104--Windshield wiping and washing systems
49 CFR part 571.105--Hydraulic and electric brake systems
49 CFR part 571.106--Brake hoses
49 CFR part 571.108--Lamps, reflective devices, and associated
equipment
49 CFR part 571.109--New pneumatic tires for vehicles manufactured
from 1949 to 1975, bias ply tires, and T-type spare tires
49 CFR part 571.110--Tire selection and rims and motor home/
recreation vehicle trailer load carrying capacity information for
motor vehicles with a GVWR of 4,536 kilograms (10,000 pounds) or
less
49 CFR part 571.131--School Bus Pedestrian Safety Devices
49 CFR part 571.135--Light vehicle brake systems
49 CFR part 571.136--Electronic stability control systems for heavy
vehicles
49 CFR part 571.138--Tire pressure monitoring systems
49 CFR part 571.139--New pneumatic radial tires for light vehicles
49 CFR 571.141--Minimum Sound Requirements for Hybrid and Electric
Vehicles
49 CFR part 571.213--Child Restraint Systems
49 CFR part 571.217--Bus Emergency Exits and Window Retention and
Release
49 CFR part 571.220--School Bus Rollover Protection
49 CFR part 571.221--School Bus Body Joint Strength
49 CFR part 571.222--School Bus Passenger Seating and Crash
Protection
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 501--Organization and Delegation of Powers and Duties
49 CFR part 509--OMB Control Numbers for Information Collection
Requirements
49 CFR part 510--Information Gathering Powers
49 CFR part 511--Adjudicative Procedures
49 CFR part 512--Confidential Business Information
49 CFR part 520--Procedures for Considering Environmental Impacts
49 CFR part 523--Vehicle Classification
49 CFR part 525--Exemptions from Average Fuel Economy Standards
49 CFR part 526--Petitions and Plans for Relief under the Automobile
Fuel Efficiency Act of 1980
49 CFR part 529--Manufacturers of Multistage Automobiles
49 CFR part 531--Passenger Automobile Average Fuel Economy Standards
49 CFR part 533--Light Truck Fuel Economy Standards
49 CFR part 534--Rights and Responsibilities of Manufacturers in the
Context of Changes in Corporate Relationships

[[Page 9615]]

49 CFR part 535--Medium- and Heavy-Duty Vehicle Fuel Efficiency
Program
49 CFR part 536--Transfer and Trading of Fuel Economy Credits
49 CFR part 537--Automotive Fuel Economy Reports
49 CFR part 538--Manufacturing Incentives for Alternative Fuel
Vehicles
49 CFR part 541--Federal Motor Vehicle Theft Prevention Standard
49 CFR part 542--Procedures for Selecting Light Duty Truck Lines to
Be Covered by the Theft Prevention Standard
49 CFR part 543--Exemption from Vehicle Theft Prevention Standard
49 CFR part 545--Federal Motor Vehicle Theft Prevention Standard
Phase-in and Small-Volume Line Reporting Requirements
49 CFR part 551--Procedural Rules
49 CFR part 552--Petitions for Rulemaking, Defect, and Noncompliance
Orders
49 CFR part 553--Rulemaking Procedures
49 CFR part 554--Standards Enforcement and Defects Investigation
49 CFR part 555--Temporary Exemption from Motor Vehicle Safety and
Bumper Standards
49 CFR part 556--Exemption for Inconsequential Defect or
Noncompliance
49 CFR part 557--Petitions for Hearings on Notification and Remedy
of Defects
49 CFR part 562--Lighting and Marking of Agricultural Equipment
49 CFR part 563--Event Data Recorders
49 CFR part 564--Replaceable Light Source and Sealed Beam Headlamp
Information
49 CFR part 565--Vehicle Identification Number (VIN) Requirements
49 CFR part 566--Manufacturer Identification
49 CFR part 567--Certification
49 CFR part 568--Vehicles Manufactured in Two or More Stages--All
Incomplete, Intermediate and Final-Stage Manufacturers of Vehicles
Manufactured in Two or More Stages
49 CFR part 569--Regrooved Tires
49 CFR part 570--Vehicle in Use Inspection Standards
49 CFR part 572--Anthropomorphic Test Devices
49 CFR part 573--Defect and Noncompliance Responsibility and Reports
49 CFR part 574--Tire Identification and Recordkeeping
49 CFR part 575--Consumer Information
49 CFR part 576--Record Retention
49 CFR part 577--Defect and Noncompliance Notification
49 CFR part 578--Civil and Criminal Penalties
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 5 (Fall 2022) List of Rules Analyzed and a Summary of Results

49 CFR part 227--Occupational Noise Exposure

[ssquf] Section 610: There is no SEISNOSE.
[ssquf] General: The main objective of the rule is to protect
the occupational health and safety of employees whose predominant
noise exposure occurs in the locomotive cab. Hearing loss is an
important issue in the railroad industry and there is a continuing
safety need for this rule. The rule prescribes minimum Federal
health and safety noise standards for locomotive cab occupants. This
rule does not restrict a railroad or railroad contractor from
adopting and enforcing additional or more stringent requirements.
FRA's plain language review of this rule indicates no need for
substantial revision.

49 CFR part 228--Hours of Service of Railroad Employees

[ssquf] Section 610: There is no SEISNOSE.
[ssquf] General: This rule prescribes reporting and
recordkeeping requirements regarding the hours of service of certain
railroad employees, railroad contractors and subcontractors and
establishes standards and procedures concerning the construction of
sleeping quarters. In general, this rule promotes the safety of
railroad operations and employees. FRA's plain language review of
this rule indicates no need for substantial revision.

49 CFR part 229--Railroad Locomotive Safety Standards

[ssquf] Section 610: There is a SEISNOSE.
[ssquf] General: Since the rule prescribes minimum Federal
safety standards for all locomotives except those propelled by steam
power, these regulations are necessary to achieve better and
effective compliance of railroad locomotive safety standards, and to
minimize the number of casualties. FRA's plain language review of
this rule indicates that there is no need for substantial revision.

49 CFR part 230--Steam Locomotive Inspection and Maintenance
Standards

[ssquf] Section 610: There is no SEISNOSE.
[ssquf] General: The rule prescribes minimum Federal safety
standards of inspection and maintenance for all steam locomotive
operated on railroads. These requirements are necessary to ensure
the protection and safety of railroad employees and the general
public, and to minimize the number of casualties. FRA's plain
language review of this rule indicates no need for substantial
revision.

49 CFR part 231--Railroad Safety Appliances Standards

<bullet> Section 610: There is no SEISNOSE.
<bullet> General: The rule provides for railroad safety
standards which are necessary to ensure the protection and safety of
railroad employees and public, and to minimize the number of
casualties. Small railroads generally purchase rail equipment that
has already been used in transportation by Class I and Class II
railroads. As a result, rail equipment used by small railroads is
often in compliance with part 231 standards at the time of
acquisition. In addition, small railroads are not substantially
affected by rail equipment maintenance costs that are associated
with part 231 requirements because most rail equipment repairs are
performed by Class I and Class II railroads and/or billed to the car
owner. Although part 231 may have some impact on small railroads,
FRA has deemed any such impact to be necessary to ensure uniform and
consistent equipment design requirements, which contribute to the
safety of railroad employees who work on or about the rail
equipment. FRA's plain language review of this rule indicates no
need for substantial revision.

Year 6 (Fall 2023) List of Rules(s) That Will Be Analyzed During This
Year

49 CFR part 232--Brake System Safety Standards for Freight and Other
Non-Passenger Trains and Equipment; End-of-Train Devices
49 CFR part 233--Signal Systems Reporting Requirements
49 CFR part 234--Grade Crossing Safety
49 CFR part 235--Instructions Governing Applications for Approval of
a Discontinuance or Material Modification of a Signal System or
Relief from the Requirements of Part 236
49 CFR part 236--Rules, Standards, and Instructions Governing the
Installation, Inspection, Maintenance, and Repair of

[[Page 9616]]

Signal and Train Control Systems, Devices, and Appliances

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 5 (Fall 2022) List of Rules Analyzed and Summary of Results

49 CFR part 655--Prevention of Alcohol Misuse and Prohibited Drug
Use in Transit Operations

<bullet> Section 610: FTA conducted a Section 610 review of 49
CFR part 655 and determined that it would not result in a SEISNOSE
within the meaning of the RFA. The regulation implements statutorily
required procedures for alcohol and controlled substance testing.
<bullet> General: No changes are needed. FTA amended the
Prevention of Alcohol Misuse and Prohibited Drug Use in Transit
Operations regulation in 2023 (88 FR 27596) to include oral fluid
testing and to harmonize testing procedures with the Mandatory
Guidelines for Federal Workplace Drug Testing Programs Using Oral
Fluid established by the U.S. Department of Health and Human
Services.
The rule increases flexibility for small-entity transportation
employers and drug test collection sites by allowing them to use
oral fluid testing instead of urine testing to meet DOT testing
requirements. Accordingly, FTA determined that the rule would not
have a significant economic impact on a substantial number of small
entities.

Year 6 (Fall 2023) List of Rules To Be Analyzed This Year

49 CFR part 602--Emergency Relief
49 CFR part 614--Transportation Infrastructure Management

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 298 2021 2022
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 4 (2022) List of Rules Analyzed and Summary of Results

46 CFR 298--Vessel Financing Assistance

<bullet> Section 610: There is no SEISNOSE.
<bullet> General: MARAD has reviewed part 298 and found that
while it does not have SEISNOSE, it is necessary to amend the rule
to implement statutory changes and update the existing financial
requirements imposed on Title XI Program obligors to align with more
up-to-date vessel financing and federal credit best practices.
Accordingly, MARAD has initiated a rulemaking to amend the rule.
MARAD's rulemaking amending part 298 will include plain language
revisions.

Year 5 (2023) List of Rules Analyzed and Summary of Results

46 CFR part 307--Mandatory Position Report System for Vessels

Section 307: There is no SEISNOSE.
<bullet> General: No changes are needed. MARAD's plain language
review of this rule indicated no need for substantial revision.

46 CFR part 308--War Risk Insurance
<bullet> Section 610: There is no SEISNOSE.
<bullet> General: No changes are needed. MARAD's plain language
review of this rule indicated no need for substantial revision.
46 CFR part 309--War Risk Ship Valuation
<bullet> Section 610: There is no SEISNOSE.
<bullet> General: No changes are needed. MARAD's plain language
review of this rule indicated no need for substantial revision.

Year 6 (2024) List of Rules With Ongoing Analysis

46 CFR part 310--Merchant Marine Training

Pipeline and Hazardous Materials Safety Administration (PHMSA)

Section 610 and Other Reviews

[[Page 9617]]

------------------------------------------------------------------------
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 5 (Fall 2023) List of Rules Analyzed and a Summary of Results

49 CFR part 106--RULEMAKING PROCEDURES
49 CFR part 107--HAZARDOUS MATERIALS PROGRAM PROCEDURES
49 CFR part 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS

<bullet> Section 610: PHMSA conducted a review of these parts
and found no SEISNOSE.
<bullet> General: PHMSA has reviewed these parts and found that
while these parts do not have SEISNOSE, they could be revised to
reflect new technologies and updated to reflect current practices.
Therefore, PHMSA has initiated rulemakings that--where necessary--
revise portions of parts 106, 107, and 171. Otherwise, PHMSA's plain
language review of these parts indicates no need for substantial
revision. Where confusing or ambiguous language has been identified,
PHMSA plans to propose or finalize revisions by way of rulemakings.
As an example, the ``Hazardous Materials: Advancing Safety of
Modal Specific Provisions'' (2137-AF41) rulemaking action is part of
PHMSA's response to clarify current regulatory requirements and
address public comments. This rulemaking also proposes to address a
variety of petitions for rulemaking, specific to modal stakeholders,
and other issues identified by PHMSA during its regulatory review.
The impact that the 2137-AF41 rulemaking will have on small entities
is not expected to be significant. The rulemaking is based on
PHMSA's initiatives and correspondence with the regulated community,
as well as PHMSA's consultation with its modal partners, including
FMCSA, FRA, and the United States Coast Guard (USCG). The proposed
amendments are expected to result in an overall net cost savings and
ease the regulatory compliance burden for small entities, shippers,
carriers, manufacturers, and requalifiers, specifically those modal-
specific packaging and requalification requirements. 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.
For a second example, the ``Hazardous Materials: Harmonization
With International Standards'' (2137-AF57) rulemaking action is part
of PHMSA's ongoing biennial process to harmonize the Hazardous
Materials Regulations (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 hazardous materials law
permits PHMSA to depart from international standards where
appropriate, including to promote safety or other overriding public
interests. However, Federal hazardous materials 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-AF57 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, which helps promote safety through
increased regulatory compliance. 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. This rulemaking is expected to lead to
both economic and safety benefits. The amendments are expected to
result in net benefits 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 a second example of
PHMSA's review of rulemakings which helps ensure that the HMR do not
have a significant economic impact on a substantial number of small
entities.

49 CFR part 190--PIPELINE SAFETY ENFORCEMENT AND REGULATORY
PROCEDURES

<bullet> Section 610: PHMSA conducted a review of this part and
found no SEISNOSE.
<bullet> General: No changes are needed.

49 CFR part 195--TRANSPORTATION OF HAZARDOUS LIQUIDS BY PIPELINE

<bullet> Section 610: PHMSA conducted a review of this part and
found no SEISNOSE. However, PHMSA conducts regular regulatory
reviews to ensure that the Office of Pipeline Safety regulations
keep up to date with new technologies and to be responsive to
petitions, mandates, recommendations, and safety issues. When
necessary, PHMSA's Office of Pipeline Safety proposes amendments to
provide relief to small businesses by clarifying and updating its
regulations. Additionally, PHMSA's Office of Pipeline Safety
regularly incorporates voluntary consensus standards--which are
reviewed by committees representing government, industry, and
material manufacturers--as a part of its rulemaking activities.

Year 6 (Fall 2024) List of Rules That Will Be Analyzed During the Next
Year

49 CFR part 174--CARRIAGE BY RAIL
49 CFR part 177--CARRIAGE BY PUBLIC HIGHWAY
49 CFR part 199--DRUG AND ALCOHOL TESTING

Great Lakes Saint Lawrence Seaway Development Corporation

Section 610 and Other Reviews

[[Page 9618]]

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--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
396....................... Refunding Airline Tickets 2105-AF04
Ancillary Service Fees.
------------------------------------------------------------------------

Federal Aviation Administration--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
397....................... Drug and Alcohol Testing 2120-AK09
of Certain Maintenance
Provider Employees
Located Outside of the
United States.
398....................... Requirements to File 2120-AK77
Notice of Construction of
Meteorological Evaluation
Towers and Other
Renewable Energy Projects
(Section 610 Review).
------------------------------------------------------------------------

Federal Aviation Administration--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
399....................... Registration and Marking 2120-AK82
Requirements for Small
Unmanned Aircraft.
------------------------------------------------------------------------

Federal Aviation Administration--Long-Term Actions
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
400....................... Regulation Of Flight 2120-AJ78
Operations Conducted By
Alaska Guide Pilots.
401....................... Applying the Flight, Duty, 2120-AK26
and Rest Requirements to
Ferry Flights That Follow
Commuter or On-Demand
Operations (FAA
Reauthorization).
402....................... Aircraft Registration and 2120-AK37
Airmen Certification Fees.
403....................... Helicopter Air Ambulance 2120-AK57
Pilot Training and
Operational Requirements
(HAA II) (FAA
Reauthorization).
------------------------------------------------------------------------

Federal Motor Carrier Safety Administration--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
404....................... Self-Insurance Program 2126-AC58
Cost Recovery (Section
610 Review).
------------------------------------------------------------------------

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

Federal Railroad Administration--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
406....................... Positive Train Control 2130-AC95
Systems (Section 610
Review).
------------------------------------------------------------------------

Federal Railroad Administration--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
407....................... Train Crew Staffing....... 2130-AC88
------------------------------------------------------------------------

[[Page 9619]]

Saint Lawrence Seaway Development Corporation--Prerule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
408....................... Seaway Regulations and 2135-AA55
Rules: Periodic Update,
Various Categories
(Completion of a Section
610 Review).
409....................... Tariff of Tolls 2135-AA56
(Completion of a Section
610 Review).
------------------------------------------------------------------------

Pipeline and Hazardous Materials Safety Administration--Proposed Rule
Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
410....................... Pipeline Safety: Gas 2137-AF51
Pipeline Leak Detection
and Repair.
411....................... Pipeline Safety: Pipeline 2137-AF52
Operational Status.
412....................... Pipeline Safety: Safety of 2137-AF53
Gas Distribution
Pipelines and Other
Pipeline Safety
Initiatives.
------------------------------------------------------------------------

Maritime Administration--Proposed Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
413....................... Cargo Preference--U.S. 2133-AB97
Flag Vessels Regulatory
Update (Section 610
Review).
------------------------------------------------------------------------

Maritime Administration--Final Rule Stage
------------------------------------------------------------------------
Regulation
Sequence No. Title Identifier No.
------------------------------------------------------------------------
414....................... Amendment to the Federal 2133-AB98
Ship Financing Program
Regulations; Financial
Requirements (Section 610
Review).
415....................... Establishing Safe and 2133-AB99
Secure Merchant Marine
Training (Section 610
Review).
------------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION (DOT)

Office of the Secretary (OST)

Final Rule Stage

396. Refunding Airline Tickets Ancillary Service Fees [2105-AF04]

Legal Authority: 49 U.S.C. 41712; 49 U.S.C. 40101, 49 U.S.C. 41702
Abstract: The Department of Transportation has consistently
interpreted 49 U.S.C. 41712, which prohibits U.S. air carriers, foreign
air carriers, and ticket agents from engaging in unfair practices in
the sale of air transportation, to require carriers and ticket agents
to provide requested refunds to passengers when a carrier cancels or
significantly changes a flight to, from, or within the United States.
This rulemaking would clarify that, under the Department's rule
requiring airlines to provide prompt refunds when ticket refunds are
due and its rule requiring ticket agents to make refunds promptly when
service cannot be performed as contracted, carriers and ticket agents
must provide prompt ticket refunds to passengers when a carrier cancels
or makes a significant change to a flight. This rulemaking would define
cancellation and significant change, including addressing whether new
itineraries involving delays of a certain length or additional stops
constitute a significant change requiring a refund. This rulemaking
would also address protections for consumers who are unable to travel
due to government restrictions. In addition, the rulemaking under RIN
2105-AE53 has been merged into this rulemaking. As such, this
rulemaking would also require airlines to refund checked baggage fees
when they fail to deliver the bags in a timely manner as provided by
the FAA Extension, Safety and Security Act of 2016, and require
airlines to promptly provide a refund to a passenger of any ancillary
fees paid for services that the passenger did not receive as provided
by the FAA Reauthorization Act of 2018. This rulemaking is informed by
feedback received at four public meetings: three meetings of the
Aviation Consumer Protection Advisory Committee on August 22, 2022,
December 8, 2022, and January 12, 2023, and one public hearing on March
21, 2023. The docket for this rule was also open to public comment
submission for approximately 130 days.
Timetable:

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: 202 366-9342, Fax: 202 366-
7153, Email: <a href="/cdn-cgi/l/email-protection#30525c515e551e475f425b595570545f441e575f46">[email&#160;protected]</a>.
RIN: 2105-AF04

DEPARTMENT OF TRANSPORTATION (DOT)

Federal Aviation Administration (FAA)

Proposed Rule Stage

397. Drug and Alcohol Testing of Certain Maintenance Provider Employees
Located Outside of the United States [2120-AK09]

Legal Authority: 14 CFR; 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

[[Page 9620]]

some employees working in repair stations located outside 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 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
Comment Period Extended............. 05/01/14 79 FR 24631
ANPRM Comment Period End............ 05/16/14
Comment Period End.................. 07/17/14
NPRM................................ 12/00/23
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Julia Brady, Program Analyst, Program Policy
Branch, Department of Transportation, Federal Aviation Administration,
800 Independence Avenue SW, Washington, DC 20591, Phone: 202 267-8083,
Email: <a href="/cdn-cgi/l/email-protection#3359465f5a521d514152574a735552521d545c45">[email&#160;protected]</a>.
RIN: 2120-AK09

398. Requirements To File Notice of Construction of Meteorological
Evaluation Towers and Other Renewable Energy Projects (Section 610
Review) [2120-AK77]

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................................ 01/00/24
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: No.
Agency Contact: Juan Yanguas, Department of Transportation, Federal
Aviation Administration, 800 Independence Avenue SW, Washington, DC
20591, Phone: 202 267-1082, Email: <a href="/cdn-cgi/l/email-protection#452f30242b6b366b3c242b22302436052324246b222a33">[email&#160;protected]</a>.
RIN: 2120-AK77

DEPARTMENT OF TRANSPORTATION (DOT)

Federal Aviation Administration (FAA)

Final Rule Stage

399. Registration and Marking Requirements for Small Unmanned Aircraft
[2120-AK82]

Legal Authority: 49 U.S.C. 106(f), 49 U.S.C. 41703, 44101 to 44106,
44110 to 44113, and 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 exclusively for limited recreational operations, 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.......................... 02/00/24
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Bonnie Lefko, Department of Transportation, Federal
Aviation Administration, 6500 S MacArthur Boulevard, Registry Building
26, Room 118, Oklahoma City, OK 73169, Phone: 866 762-9434, Email:
<a href="/cdn-cgi/l/email-protection#debcb1b0b0b7bbf0b2bbb8b5b19eb8bfbff0b9b1a8">[email&#160;protected]</a>.
RIN: 2120-AK82

DEPARTMENT OF TRANSPORTATION (DOT)

Federal Aviation Administration (FAA)

Long-Term Actions

400. Regulation of Flight Operations Conducted by Alaska Guide Pilots
[2120-AJ78]

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 to 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 to 46316; 49 U.S.C. 46504; 49 U.S.C. 46506 to 46507; 49
U.S.C. 47122; 49 U.S.C. 47508; 49 U.S.C. 47528 to 47531; Articles 12
and 29 of 61 Statue 1180; P.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: 202 365-3617, Email: <a href="/cdn-cgi/l/email-protection#3d57585b5b4f5844134e505449557d5b5c5c135a524b">[email&#160;protected]</a>.
RIN: 2120-AJ78

401. Applying the Flight, Duty, and Rest Requirements to Ferry Flights
That Follow Commuter or On-Demand Operations (FAA Reauthorization)
[2120-AK26]

Legal Authority: 49 U.S.C. 106(f); 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.

[[Page 9621]]

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: Next Action Undetermined.
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Chester Piolunek, Department of Transportation,
Federal Aviation Administration, 800 Independence Avenue SW,
Washington, DC 20591, Phone: 202 267-3711, Email:
<a href="/cdn-cgi/l/email-protection#53303b36202736217d233a3c3f263d3638133532327d343c25">[email&#160;protected]</a>.
RIN: 2120-AK26

402. Aircraft Registration and Airmen Certification Fees [2120-AK37]

Legal Deadline: 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.
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
------------------------------------------------------------------------
Next Action Undetermined............ To Be Determined
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Isra Raza, Department of Transportation, Federal
Aviation Administration, 800 Independence Avenue SW, Washington, DC
20591, Phone: 202 267-8994, Email: <a href="/cdn-cgi/l/email-protection#10796362713e62716a71507671713e777f66">[email&#160;protected]</a>.
RIN: 2120-AK37

403. Helicopter Air Ambulance Pilot Training and Operational
Requirements (HAA II) (FAA Reauthorization) [2120-AK57]

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 to 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 aide 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 the 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, 800 Independence Avenue SW,
Washington, DC 20591, Phone: 202 267-4552, Email:
<a href="/cdn-cgi/l/email-protection#187b706a716b3670777474717c7961587e7979367f776e">[email&#160;protected]</a>.
RIN: 2120-AK57

BILLING CODE 4910-13-P

DEPARTMENT OF TRANSPORTATION (DOT)

Federal Motor Carrier Safety Administration (FMCSA)

Proposed Rule Stage

404. Self-Insurance Program Cost Recovery (Section 610 Review) [2126-
AC58]

Legal Authority: 31 U.S.C. 9701 and 49 U.S.C. 13906(d); 49 U.S.C.
13908(d)
Abstract: FMCSA will propose to amend fees collected for the
processing of new self-insurance applications and add new fees for
ongoing monitoring of carrier compliance with the self-insurance
program requirements. Application fees will be directed to FMCSA's
Licensing and Insurance (L&I) Account while monitoring fees must be
sent to the Treasury. This rulemaking will amend 49 CFR 360.3T/360.3 to
ensure that the limited number of primarily large motor carriers that
benefit from the program bear a proportionate cost of participating in
the program. FMCSA may also need to amend 49 CFR 360.5T/360.5 to
reflect any specific updates to the user fee methodology that are
required by this rulemaking.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 10/00/24
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: No.
Agency Contact: Kenneth Riddle, Office Director, Department of
Transportation, Federal Motor Carrier Safety Administration, 1200 New
Jersey Avenue SE, W65-308, Washington, DC 20590, Phone: 202 366-9616,
Email: <a href="/cdn-cgi/l/email-protection#b7dcd2d9d9d2c3df99c5ded3d3dbd2f7d3d8c399d0d8c1">[email&#160;protected]</a>.
RIN: 2126-AC58

DEPARTMENT OF TRANSPORTATION (DOT)

Federal Motor Carrier Safety Administration (FMCSA)

Long-Term Actions

405. Safety Monitoring System and Compliance Initiative for Mexico-
Domiciled Motor Carriers Operating in the United States [2126-AA35]

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

[[Page 9622]]

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: Crystal E. Williams, Department of Transportation,
Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE,
Washington, DC 20590, Phone: 202 366-0596, Email:
<a href="/cdn-cgi/l/email-protection#e685949f9592878ac8918f8a8a8f878b95a6828992c8818990">[email&#160;protected]</a>.
RIN: 2126-AA35

BILLING CODE 4910-EX-P

DEPARTMENT OF TRANSPORTATION (DOT)

Federal Railroad Administration (FRA)

Proposed Rule Stage

406. <bullet> Positive Train Control Systems (Section 610 Review)
[2130-AC95]

Legal Authority: 49 U.S.C. 20157; 49 U.S.C. 20103
Abstract: This rulemaking will amend FRA's PTC regulations--Title
49 Code of Federal Regulations (CFR) part 236, subpart I--to accomplish
two objectives: (1) Improve FRA's oversight of the performance of PTC
technology by clarifying and expanding certain reporting requirements,
and (2) provide a clear framework under which railroads may safely
operate without PTC technology, subject to operating restrictions and
other requirements, in certain necessary situations.
FRA has found that its existing PTC regulations do not provide
sufficient flexibility to railroads to continue operating following
initialization failures or in cases where a PTC system needs to be
temporarily disabled during repair, maintenance, infrastructure
upgrades, or capital projects. Previously, FRA's regulations provided
railroads with flexibility that expired on December 31, 2022, and this
rulemaking will reintroduce a certain flexibility regarding
initialization failures, establish additional parameters and operating
restrictions under which railroads may continue to operate safely, and
codify an existing process for FRA's approval of temporary PTC system
outages related to repair, maintenance, infrastructure upgrades, and
capital projects.
In addition, this rulemaking will create a new exception to permit
non-revenue passenger trains to operate to yards or maintenance
facilities, without being governed by PTC technology, under certain
conditions.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 01/00/24
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Undetermined.
Agency Contact: Amanda Maizel, Attorney-Adviser, Department of
Transportation, Federal Railroad Administration, 1200 New Jersey Avenue
SE, Washington, DC 20590, Phone: 202 493-8014, Email:
<a href="/cdn-cgi/l/email-protection#c7a6aaa6a9a3a6e9aaa6aebda2ab87a3a8b3e9a0a8b1">[email&#160;protected]</a>.
RIN: 2130-AC95

DEPARTMENT OF TRANSPORTATION (DOT)

Federal Railroad Administration (FRA)

Final Rule Stage

407. Train Crew Staffing [2130-AC88]

Legal Authority: 49 CFR 1.89(a); 49 U.S.C. 20103
Abstract: This rulemaking would address the potential safety impact
of one-person train operations, including appropriate measures to
mitigate an accident's impact and severity, and the patchwork of State
laws concerning minimum crew staffing requirements. This rulemaking
would address the issue of minimum requirements for the size of train
crews, depending on the type of operations. In an effort to encourage
public participation, FRA extended the comment period from 60 to 146
days and held a public hearing on December 14, 2022.
Timetable:

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: 202 493-8014, Email:
<a href="/cdn-cgi/l/email-protection#69080408070d0847040800130c05290d061d470e061f">[email&#160;protected]</a>.
RIN: 2130-AC88

BILLING CODE 4910-06-P

DEPARTMENT OF TRANSPORTATION (DOT)

Saint Lawrence Seaway Development Corporation (SLSDC)

Prerule Stage

408. <bullet> Seaway Regulations and Rules: Periodic Update, Various
Categories (Completion of a Section 610 Review) [2135-AA55]

Legal Authority: 33 U.S.C. 981 et seq.
Abstract: The Great Lakes St. Lawrence Seaway Development
Corporation (GLS) and the St. Lawrence Seaway Management Corporation
(SLSMC) of Canada, under international agreement, jointly publish and
presently administer the St. Lawrence Seaway Regulations and Rules
(Practices and Procedures in Canada) in their respective jurisdictions.
Under agreement with the SLSMC, the GLS is

[[Page 9623]]

amending the joint regulations by updating the Regulations and Rules in
various categories.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
ANPRM............................... 02/00/24
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: No.
Agency Contact: Carrie Lynn Lavigne, Chief Counsel, Department of
Transportation, Saint Lawrence Seaway Development Corporation, Great
Lakes Street, Lawrence Seaway Development Corporation (GLS), 1200 New
Jersey Avenue SW, Washington, DC 20590, Phone: 315 764-3231, Email:
<a href="/cdn-cgi/l/email-protection#27444655554e42094b46514e4049426743485309404851">[email&#160;protected]</a>.
RIN: 2135-AA55

409. <bullet> Tariff of Tolls (Completion of a Section 610 Review)
[2135-AA56]

Legal Authority: 33 U.S.C. 918 et seq.
Abstract: The Great Lakes St. Lawrence Seaway Development
Corporation (GLS) 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 GLS and the SLSMC.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
ANPRM............................... 02/00/24
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: No.
Agency Contact: Carrie Lynn Lavigne, Chief Counsel, Department of
Transportation, Saint Lawrence Seaway Development Corporation, Great
Lakes Street, Lawrence Seaway Development Corporation (GLS), 1200 New
Jersey Avenue SW, Washington, DC 20590, Phone: 315 764-3231, Email:
<a href="/cdn-cgi/l/email-protection#93f0f2e1e1faf6bdfff2e5faf4fdf6d3f7fce7bdf4fce5">[email&#160;protected]</a>.
RIN: 2135-AA56

BILLING CODE 4910-61-P

DEPARTMENT OF TRANSPORTATION (DOT)

Pipeline and Hazardous Materials Safety Administration (PHMSA)

Proposed Rule Stage

410. Pipeline Safety: Gas Pipeline Leak Detection and Repair [2137-
AF51]

Legal Authority: 49 U.S.C. 60101 et seq.
Abstract: This rulemaking would amend the pipeline safety
regulations to enhance requirements for detecting and repairing leaks
on new and existing natural gas distribution, gas transmission, and gas
gathering pipelines. The proposed rule is necessary to respond to a
mandate from section 113 of the Protecting our Infrastructure of
Pipelines and Enhancing Safety Act of 2020. PHMSA hosted a public
meeting covering gas pipeline leak detection and repair on May 5 and
May 6, 2021, and has scheduled a Gas Pipeline Advisory Committee
meeting to discuss the NPRM for November 27 through December 1, 2023.
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Sayler Palabrica, Department of Transportation,
Pipeline and Hazardous Materials Safety Administration, 1200 New Jersey
Avenue SE, Washington, DC 20590, Phone: 202 366-0559, Email:
<a href="/cdn-cgi/l/email-protection#205341594c45520e50414c41425249434160444f540e474f56">[email&#160;protected]</a>.
RIN: 2137-AF51

411. Pipeline Safety: Pipeline Operational Status [2137-AF52]

Legal Authority: 49 U.S.C. 60101 et seq.
Abstract: This rulemaking would amend the pipeline safety
regulations to define an idled operational status for natural gas and
hazardous liquid pipelines that are temporarily removed from service,
set operations and maintenance requirements for idled pipelines, and
establish inspection requirements for idled pipelines that are returned
to service. The proposed rule is necessary to respond to a mandate from
the Protecting our Infrastructure of Pipelines and Enhancing Safety Act
of 2020.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 02/00/24
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Anna Setzer, Transportation Specialist, Department
of Transportation, Pipeline and Hazardous Materials Safety
Administration, 1200 New Jersey Avenue SE, Washington, DC 20590, Phone:
202 366-4098, Email: <a href="/cdn-cgi/l/email-protection#adccc3c3cc83dec8d9d7c8dfedc9c2d983cac2db">[email&#160;protected]</a>.
RIN: 2137-AF52

412. Pipeline Safety: Safety of Gas Distribution Pipelines and Other
Pipeline Safety Initiatives [2137-AF53]

Legal Authority: 49 U.S.C. 60101 et seq.
Abstract: This rulemaking would amend the pipeline safety
regulations to enhance the safety requirements for gas distribution
pipelines. The proposed rule is necessary to respond to several
mandates from title II of the Protecting our Infrastructure of
Pipelines and Enhancing Safety Act of 2020 (PIPES Act of 2020).
Timetable:

Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Ashlin Bollacker, Transportation Specialist,
Department of Transportation, Pipeline and Hazardous Materials Safety
Administration, 1200 New Jersey Avenue SE, Washington, DC 20590, Phone:
202 366-4203, Email: <a href="/cdn-cgi/l/email-protection#d9b8aab1b5b0b7f7bbb6b5b5b8bab2bcab99bdb6adf7beb6af">[email&#160;protected]</a>.
RIN: 2137-AF53

BILLING CODE 4910-60-P

DEPARTMENT OF TRANSPORTATION (DOT)

Maritime Administration (MARAD)

Proposed Rule Stage

413. Cargo Preference--U.S. Flag Vessels Regulatory Update (Section 610
Review) [2133-AB97]

Legal Authority: FY23 NDAA, Pub. L. 117-263; 46 U.S.C. 55305; 49
CFR 1.93(a)
Abstract: The purpose of this rulemaking is to respond to a
statutory directive in section 3502 of the National Defense
Authorization Act for Fiscal Year 2023 (FY23 NDAA) requiring

[[Page 9624]]

MARAD to issue a final rule to implement and enforce the cargo
preference requirements in 46 U.S.C. 55305(d).
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
NPRM................................ 06/00/24
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Undetermined.
Agency Contact: Thomas Mitchell Hudson, Department of
Transportation, Maritime Administration, 1200 New Jersey Avenue SE,
Washington, DC 20590, Phone: 202 366-9373, Email: <a href="/cdn-cgi/l/email-protection#deb3b7aabdb6f0b6abbaadb1b09ebab1aaf0b9b1a8">[email&#160;protected]</a>.
RIN: 2133-AB97

DEPARTMENT OF TRANSPORTATION (DOT)

Maritime Administration (MARAD)

Final Rule Stage

414. Amendment to the Federal Ship Financing Program Regulations;
Financial Requirements (Section 610 Review) [2133-AB98]

Legal Authority: National Defense Authorization Act for Fiscal Year
2020, Pub. L. 116-92; 46 U.S.C. ch. 537; 49 CFR 1.93(a)
Abstract: The proposed rule is intended to update the lending
parameters in the current regulations, which no longer best achieve the
intended purpose of minimizing the risk of Title XI Program defaults,
and to better align the lending practices to reflect Federal credit and
maritime lending best practices. MARAD expects that the proposed
regulations will reduce the economic burden on applicants in complying
with Title XI Program requirements that are inconsistent with other
lending instruments. MARAD also expects that the updated lending
parameters could encourage the construction of vessels in United States
shipyards which otherwise would not meet the current constrained Title
XI Program financial requirements.
Timetable:

Regulatory Flexibility Analysis Required: No.
Agency Contact: Mitch Hudson, Attorney, Department of
Transportation, Maritime Administration, 1200 New Jersey Avenue SE,
Washington, DC 20590, Phone: 202 366-9373, Email: <a href="/cdn-cgi/l/email-protection#167b7f62757e387e63726579785672796238717960">[email&#160;protected]</a>.
RIN: 2133-AB98

415. Establishing Safe and Secure Merchant Marine Training (Section 610
Review) [2133-AB99]

Legal Authority: FY23 NDAA, Pub. L. 117-263; 46 U.S.C. ch. 513; 49
CFR 1.93(a)
Abstract: The purpose of this regulation is to improve the safety
and efficiency of the United States merchant marine through the
prevention of, and response to, sexual harassment, dating violence,
domestic violence, and sexual assault onboard vessels on which merchant
marine cadets are embarked for training purposes.
Timetable:

------------------------------------------------------------------------
Action Date FR Cite
------------------------------------------------------------------------
Final Action........................ 01/00/24
------------------------------------------------------------------------

Regulatory Flexibility Analysis Required: Undetermined.
Agency Contact: Thomas Mitchell Hudson, Department of
Transportation, Maritime Administration, 1200 New Jersey Avenue SE,
Washington, DC 20590, Phone: 202 366-9373, Email: <a href="/cdn-cgi/l/email-protection#97fafee3f4ffb9ffe2f3e4f8f9d7f3f8e3b9f0f8e1">[email&#160;protected]</a>.
RIN: 2133-AB99

[FR Doc. 2024-00449 Filed 2-8-24; 8:45 am]
BILLING CODE 4910-81-P

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