Unified Agenda


DEPARTMENT OF TRANSPORTATION (DOT)


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

OST Docket 99-5129

Department Regulatory Agenda; Semiannual Summary

AGENCY:

Office of the Secretary, DOT.

ACTION:

Semiannual regulatory agenda.

SUMMARY:

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

FOR FURTHER INFORMATION CONTACT:

 

General

You should direct all comments and inquiries on the agenda in general to Neil R. Eisner, Assistant General Counsel for Regulation and Enforcement, Department of Transportation, 400 7th Street SW., Washington, DC 20590, (202) 366-4723.

Specific

You should direct all comments and inquiries on particular items in the agenda to the individual listed for the regulation or the general rulemaking contact person for the operating administration in Appendix B.

Individuals who use a telecommunications device for the deaf (TDD) may call (202) 755-7687.

Table of Contents

Supplementary Information:

  Background

  Significant/Priority Rulemakings

  Explanation of Information on the Agenda

  Request for Comments

  Purpose

  Appendix A - Instructions for Obtaining Copies of Regulatory Documents

  Appendix B - General Rulemaking Contact Persons

  Appendix C - Public Rulemaking Dockets

  Appendix D - Review Plans for Section 610 and Other Requirements

  Agenda

SUPPLEMENTARY INFORMATION:

 

Background

Improvement of our regulations is a prime goal of the Department of Transportation (Department or DOT). There should be no more regulations than necessary and those that are issued should be simpler, more comprehensible, and less burdensome. Regulations should not be issued without appropriate involvement of the public; once issued, they should be periodically reviewed and revised, as needed, to assure that they continue to meet the needs for which they originally were designed.

To help the Department achieve these goals and in accordance with Executive Order 12866 "Regulatory Planning and Review" (58 FR 51735; October 4, 1993) and the Department's Regulatory Policies and Procedures (44 FR 11034; February 26, 1979), the Department prepares a semiannual regulatory agenda. It summarizes all current and projected rulemaking, reviews of existing regulations, and completed actions of the Department. These are matters on which action has begun or is projected during the succeeding 12 months or such longer period as may be anticipated or for which action has been completed since the last agenda.

The agendas are based on reports submitted by the offices initiating the rulemaking and are reviewed by the Department Regulations Council. The Department's last agenda was published in the Federal Register on November 30, 2000 (65 FR 74134). The next one is scheduled for publication in the Federal Register in October 2001.

The Department has created an Internet site that provides general information about its rulemaking responsibilities and activities. It includes hypertext links to numerous other departmental sites providing helpful information about DOT regulation. The web address for this site is regs.dot.gov.

Significant/Priority Rulemakings

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

Explanation of Information on the Agenda

The format for this agenda is required by Office of Management and Budget memorandum of January 16, 2001.

First, the agenda is divided by initiating offices. Then, the agenda is divided into five categories: (1) Prerule stage, (2) proposed rule stage, (3) final rule stage, (4) long-term actions, and (5) completed actions. For each entry, the agenda provides the following information: (1) Its "significance"; (2) a short descriptive title; (3) its legal basis; (4) the related regulatory citation in the Code of Federal Regulations; (5) any legal deadline and, if so, for what action (e.g., NPRM, final rule); (6) an abstract; (7) a timetable, including the earliest expected date for a decision on whether to take the action; (8) whether the rulemaking will affect small entities and/or levels of government and, if so, which categories; (9) whether a Regulatory Flexibility Act (RFA) analysis is required (for rules that would have a significant economic impact on a substantial number of small entities); (10) a listing of any analyses an office will prepare or has prepared for the action (With minor exceptions, DOT requires an economic analysis for all its rulemakings.); (11) an agency contact office or official who can provide further information; (12) a Regulation Identifier Number (RIN) assigned to identify an individual rulemaking in the agenda and facilitate tracing further action on the issue; (13) whether the action is subject to the Unfunded Mandates Reform Act; and (14) whether the action is major under the congressional review provisions of the Small Business Regulatory Enforcement Fairness Act. If there is information that does not fit in the other categories, it will be included under a separate heading entitled "Additional Information."

For nonsignificant regulations issued routinely and frequently as a part of an established body of technical requirements (such as the Federal Aviation Administration's Airspace Rules), to keep those requirements operationally current, we only include the general category of the regulations, the identity of a contact office or official, and an indication of the expected number of regulations; we do not list individual regulations.

In the "Timetable" column, we use abbreviations to indicate the particular documents being considered. ANPRM stands for Advance Notice of Proposed Rulemaking, SNPRM for Supplemental Notice of Proposed Rulemaking, and NPRM for Notice of Proposed Rulemaking. Listing a future date in this column does not mean we have made a decision to issue a document; it is the earliest date on which we expect to make a decision on whether to issue it. In addition, these dates are based on current schedules. Information received subsequent to the issuance of this agenda could result in a decision not to take regulatory action or in changes to proposed publication dates. For example, the need for further evaluation could result in a later publication date; evidence of a greater need for the regulation could result in an earlier publication date.

Finally, a dot (¤) preceding an entry indicates that the entry appears in the agenda for the first time.

Request for Comments

General

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

Reviews

We also seek your suggestions on which of our existing regulations you believe need to be reviewed to determine whether they should be revised or revoked. We particularly draw your attention to the Department's review plan in Appendix D.

Regulatory Flexibility Act

The Department is especially interested in obtaining information on requirements that have a "significant economic impact on a substantial number of small entities" and, therefore, must be reviewed under the Regulatory Flexibility Act. If you have any suggested regulations, please submit them to us, along with your explanation of why they should be reviewed.

In accordance with the Regulatory Flexibility Act, comments are specifically invited on regulations that we have targeted for review under section 610 of the Act. The phrase (Section 610 Review) appears at the end of the title for these reviews. Please see Appendix D for the Department's section 610 review plans.

Federalism

Executive Order 13132 requires us to develop an accountable process to ensure "meaningful and timely input by State and local officials in the development of regulatory policies that have federalism implications." "Policies that have federalism implications" are defined in the Executive Order to include regulations that have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. Therefore, we encourage State and local governments to provide us with information about how the Department's rulemakings impact them.

Purpose

The Department is publishing this regulatory agenda in the Federal Register to share with interested members of the public the Department's preliminary expectations regarding its future regulatory actions. This should enable the public to be more aware of the Department's regulatory activity and should result in more effective public participation. This publication in the Federal Register does not impose any binding obligation on the Department or any of the offices within the Department with regard to any specific item on the agenda. Regulatory action, in addition to the items listed, is not precluded.
Issued in Washington, DC, on April 27, 2001.

Norman Y. Mineta, Secretary of Transportation.

Appendix A - Instructions for Obtaining Copies of Regulatory Documents

To obtain a copy of a specific regulatory document in the agenda, you should communicate directly with the contact person listed with the regulation at the address below. We note that most if not all such documents, including the Semiannual Agenda, are available through our Internet-accessible docket at dms.dot.gov. See Appendix C for more information.

United States Coast Guard (USCG)

(Name of contact person), United States Coast Guard, 2100 2nd Street SW., Washington, DC 20593.

Federal Highway Administration (FHWA)

(Name of contact person), Federal Highway Administration, 400 7th Street SW., Washington, DC 20590.

Federal Motor Carrier Safety Administration (FMCSA)

(Name of contact person), Federal Motor Carrier Safety Administration, 400 7th Street SW., Washington, DC 20590.

Federal Railroad Administration (FRA)

(Name of contact person), Federal Railroad Administration, 400 7th Street SW., Washington, DC 20590.

National Highway Traffic Safety Administration (NHTSA)

(Name of contact person), National Highway Traffic Safety Administration, 400 7th Street SW., Washington, DC 20590.

Federal Transit Administration (FTA)

(Name of contact person), Federal Transit Administration, 400 7th Street SW., Washington, DC 20590.

Saint Lawrence Seaway Development Corporation (SLSDC)

(Name of contact person), Saint Lawrence Seaway Development Corporation, 400 7th Street SW., Room 5424, Washington, DC 20590.

Research and Special Programs Administration (RSPA)

(Name of contact person), Research and Special Programs Administration, 400 7th Street SW., Washington, DC 20590.

Maritime Administration (MARAD)

Joel C. Richard, Secretary, Maritime Administration, 400 7th Street SW., Room 7210, Washington, DC 20590, (202) 366-5746.

Bureau of Transportation Statistics (BTS)

(Name of contact person), Bureau of Transportation Statistics, 400 7th Street SW., Room 7210, Washington, DC 20590.

Federal Aviation Administration (FAA)

The FAA has a mailing list system for notices and advance notices of proposed rulemaking (NPRMs and ANPRMs). Persons interested in obtaining future copies of all of those documents to be issued by the FAA or only of those concerning certain parts of the Federal Aviation Regulations should request a copy of Advisory Circular No. 11-2, which describes the application procedure, by calling (202) 267-3484 or by writing to: Federal Aviation Administration, Office of Public Affairs, Attention: Public Inquiry Center, APA-230, 800 Independence Avenue SW., Washington, DC 20591.

Office of the Secretary (OST)

To obtain a copy of a specific regulatory document or to receive future copies of the Department's regulatory agenda write to: Assistant General Counsel for Regulation and Enforcement, C-50, Office of the General Counsel, Department of Transportation, Washington, DC 20590, (202) 366-4723.

Appendix B - General Rulemaking Contact Persons

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

USCG — Steve Venckus, Office of Chief Counsel, USCG Headquarters Building, Room 3406, 2100 2nd Street SW., Washington, DC 20593; telephone: (202) 267-1534.

FAA - Donald Byrne, Office of Chief Counsel, Regulations and Enforcement Division, 800 Independence Avenue SW., Room 915A, Washington, DC 20591; telephone: (202) 267-3073.

FHWA - Tom Holian, Office of Chief Counsel, 400 7th Street SW., Room 4223, Washington, DC 20590; telephone: (202) 366-1383.

FMCSA - Suzanne O'Malley, Office of Chief Counsel, 400 7th Street SW., Room 4223, Washington, DC 20590; telephone: (202) 366-1367.

FRA - Colleen Brennan, Office of Chief Counsel, 400 7th Street SW., Mail Stop 10, Washington, DC 20590; telephone: (202) 493-6028.

NHTSA - Steve Wood, Office of Chief Counsel, 400 7th Street SW., Room 5219, Washington, DC 20590; telephone: (202) 366-2992.

FTA - Richard Wong, Office of Chief Counsel, 400 7th Street SW., Room 9316, Washington, DC 20590; telephone: (202) 366-4011.

SLSDC - Marc Owen, General Counsel's Office, 400 7th Street SW., Room 5424, Washington, DC 20590; telephone: (202) 366-0108.

RSPA - Edward Bonekemper, Office of Chief Counsel, 400 7th Street SW., Room 8405, Washington, DC 20590; telephone: (202) 366-4400.

MARAD — Edmund Sommer, Jr., Office of Chief Counsel, Maritime Administration, 400 7th Street SW., Room 7221, Washington, DC 20590; telephone: (202) 366-5181.

BTS — Clay Moritz, 400 7th Street SW., Room 4125, Washington, DC 20590; telephone: (202) 366-4385.

OST - Neil Eisner, Office of Regulation and Enforcement, 400 7th Street SW., Room 10424, Washington, DC 20590; telephone: (202) 366-4723.

Appendix C- Public Rulemaking Dockets

The public may review or submit comments to the dockets for all of DOT via the Internet at the following address: dms.dot.gov. Examples of documents that may be in the dockets are proposed rules, public comments received, supporting analyses, studies, and reports.

The public also may review regulatory dockets at, or deliver comments on proposed rulemakings to, the Dockets Office at 400 7th Street SW., Room PL 401, Washington, DC 20590, 1-800-647-5527. Working Hours: 9:00-5:00.

Appendix D - Review Plans for Section 610 and Other Requirements

Part I - The Plan

General

The Department of Transportation has long recognized the importance of regularly reviewing its existing regulations to determine whether they need to be revised or revoked. Our 1979 Regulatory Policies and Procedures require such reviews. We also have responsibilities under E.O. 12866 ("Regulatory Planning and Review") and section 610 of the Regulatory Flexibility Act to conduct such reviews. This will include the use of plain language techniques in new rules and to consider rewriting existing rules when we have the opportunity and resources permit. The Department is currently conducting a number of reviews of existing rules and is engaged in rulemaking actions resulting from these reviews.

Section 610 Review Plan

Section 610 requires that we conduct reviews of rules that (1) have been published within the last ten years and (2) have a "significant economic impact on a substantial number of small entities" (SEIOSNOSE). It also requires that we publish in the Federal Register each year a list of any such rules that we will review during the next year. To better comply with section 610, the Department has updated its regulatory review plan published on June 29, 1981, to accomplish a more systematic review of all of its regulations. The Office of the Secretary and each of the Department's Operating Administrations (except for FMCSA) have a 10-year review plan. These reviews are in accordance with section 610 of the Regulatory Flexibility Act.

Other Review Plans

All elements of the Department, except for the FMCSA and Federal Aviation Administration (FAA), have also elected to use this 10-year plan process to comply with the review requirements of the Department's Regulatory Policies and Procedures, and Executive Order 12866. FMCSA and FAA are using different approaches, which are described in Part II to this Appendix.

Changes to the Review Plan

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

Part II - The Review Process

The Analysis

Generally, the agencies have divided their rules into 10 different groups and plan to analyze one group each year. For purposes of these reviews, a year will coincide with the fall-to-fall schedule for publication of the Agenda. Thus, Year 1 (1998) began in the fall of 1998 and ends in the fall of 1999; Year 2 (1999) begins in the fall of 1999 and ends in the fall of 2000; and so on. We request public comment on the timing of the reviews. For example, is there a reason for scheduling an analysis and review for a particular rule earlier than we have? Any comments concerning the plan or particular analyses can be submitted to the regulatory contacts listed in Appendix B, General Rulemaking Contact Persons.

Section 610 Review

The agency will analyze each of the rules in a given year's group to determine whether any rule has a SEIOSNOSE and, thus, requires review in accordance with section 610 of the Regulatory Flexibility Act. The level of analysis will, of course, depend on the nature of the rule and its applicability.

Publication of agencies' section 610 analyses list each fall in this Agenda provides the public with notice and an opportunity to comment consistent with the requirements of the Regulatory Flexibility Act. We request that public comments be submitted to us early in the analysis year concerning the small entity impact of the rules to help us in making our determinations.

In each October's Agenda, the agency will publish the results of the analyses it has completed during the previous year. For rules that had a negative finding on SEIOSNOSE, we will give a short explanation (e.g., "these rules only establish petition processes that have no cost impact" or "these rules do not apply to any small entities"). For parts, subparts or other discrete sections of rules that do have a SEIOSNOSE, we will announce that we will be conducting a formal section 610 review during the following 12 months. At this stage, we will add an entry to the Agenda in the prerulemaking section describing the review in more detail. We also will seek public comment on how best to lessen the impact of these rules and provide a name or docket to which public comments can be submitted. In some cases, the section 610 review may be part of another unrelated review of the rule. In such a case, we plan to clearly indicate which parts of the review are being conducted under section 610.

Other Reviews

The agency will also examine the specified rules to determine whether any other reasons exist for revising or revoking the rule or for rewriting the rule in plain language. In each October's Agenda, the agency will also publish information on the results of the examinations completed during the previous year.

FAA

The Federal Aviation Administration, in addition to reviewing its rules in accordance with the schedule below, has established a process by which the public is asked for its comments on which rules need review the most. Any information that the FAA receives in connection with its annual section 610 analyses would, of course, also be reviewed in the spirit of E.O. 12866. In addition, in response to a recommendation of the White House Commission on Aviation Safety and Security, the FAA has completed a review of all its existing regulations to identify those in need of rewriting as performance-based or plain language regulations. The agency also reviewed ongoing regulatory projects and proposals to identify additional candidates for revision. In all, the agency reviewed 68 parts of the CFR, containing 3,884 sections, appendices, and Special Federal Aviation Regulations. In addition to using plain language in its current and future regulations, the FAA intends to revise those regulations identified in its study when it has the opportunity and resources to do so.

FMCSA

The Federal Motor Carrier Safety Administration has underway a comprehensive, multiyear project to develop modern, uniform safety regulations that are up-to-date, clear, concise, easier to understand, and more performance oriented. The FMCSA has held 11 public outreach meetings, announced in the Federal Register, to solicit public involvement in this review; a total of 110 industry and government safety representatives participated in 14 one-day focus group sessions; over 2,000 comments have been received in the public docket so far.

On November 23, 1994, the FMCSA published a final rule removing obsolete and redundant regulations identified through this review. In addition, on June 18, 1998, the FMCSA published another final rule (63 FR 33254) removing and amending additional provisions of the Federal Motor Carrier Safety Regulations identified through zero-base review.

The FMCSA is developing a notice of proposed rulemaking that will propose a complete revision of the Federal Motor Carrier Safety Regulations implementing the results of the FMCSA's zero-base review of those regulations. The NPRM will include a complete reorganization of the safety regulations and a rewrite of those regulations using plain language and a question-and-answer format to enhance the clarity and understandability of those regulations. In addition, the notice will focus the regulations on safety while adopting a performance-based approach to the regulations and reducing the paperwork associated with compliance with the regulations. The FMCSA believes that this effort will produce regulations which are simpler to understand and to comply with, especially for small motor carriers. Because of these long-term, ongoing efforts, FMCSA is not currently reviewing these rules.

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. Also, a Governmentwide list of section 610 reviews can be located in an index at the end of the Agenda. For further information on the pending reviews, see the Agenda entries.

OFFICE OF THE SECRETARY
SECTION 610 AND OTHER REVIEWS
Year Regulations to be Reviewed Analysis Year Review Year
114 CFR parts 200 through 21219981999
214 CFR parts 213 through 23219992000
314 CFR parts 234 through 25420002001
414 CFR parts 255 through 298 and part 4020012002
514 CFR parts 300 through 37320022003
614 CFR parts 374 through 39820032004
714 CFR part 399 and 49 CFR parts 1 through 1120042005
849 CFR parts 17 through 2820052006
949 CFR parts 29 through 39 and parts 41 through 8920062007
1049 CFR parts 91 through 99, 48 CFR parts 1201 through 1253, and new parts and subparts20072008

Year 2 (Fall 1999) List of Rules analyzed and a summary of the results
14 CFR 217-Reporting traffic statistics by foreign air carriers in civilian scheduled, charter, and nonscheduled services
14 CFR 213—Terms, conditions and limitations of foreign air carrier permits

¤ Section 610: No SEIOSNOSE. This rule does not have a significant economic impact.

¤ Plain Language: Where confusing or wordy language is identified, we will make revisions.

¤ General: This rule was revised in 1996. If additional updates become desirable, changes will be proposed.
14 CFR 214—Terms, conditions, and limitations of foreign air carrier permits authorizing charter transportation only

¤ Section 610: No SEIOSNOSE. This rule does not have a significant economic impact.

¤ Plain Language: Where confusing or wordy language is identified, we will make revisions.

¤ General: This rule was revised in 1998. If additional updates become desirable, changes will be proposed.
14 CFR 215—Use and change of names of air carriers, foreign air carriers and commuter air carriers

¤ Section 610: No SEIOSNOSE. This rule applies to a substantial number of small entities but does not have a significant economic impact.

¤ Plain Language: Where confusing or wordy language is identified, we will make revisions.

¤ General: This rule was revised in 1988. If additional updates become desirable, changes will be proposed.
14 CFR 216—Commingling of blind sector traffic by foreign air carriers

¤ Section 610: No SEIOSNOSE. This rule does not have a significant economic impact.

¤ Plain Language: Where confusing or wordy language is identified, we will make revisions.

¤ General: This rule was revised in 1978. If additional updates become desirable, changes will be proposed.
14 CFR 218—Lease by foreign air carrier or other foreign person of aircraft with crew

¤ Section 610: No SEIOSNOSE. This rule does not have a significant economic impact.

¤ Plain Language: Where confusing or wordy language is identified, we will make revisions.

¤ General: This rule was revised in 1981. If additional updates become desirable, changes will be proposed.
14 CFR 221—Tariffs

¤ Section 610: No SEIOSNOSE. This rule does not have a significant economic impact.

¤ Plain Language: Where confusing or wordy language is identified, we will make revisions.

¤ General: This rule was revised in 1999. If additional updates become desirable, changes will be proposed.
14 CFR 222—Intermodal cargo services by foreign air carriers

¤ Section 610: No SEIOSNOSE. This rule does not have a significant economic impact.

¤ Plain Language: Where confusing or wordy language is identified, we will make revisions.

¤ General: This rule was revised in 1981. If additional updates become desirable, changes will be proposed.
14 CFR 223—Free and reduced—rate transportation

¤ Section 610: No SEIOSNOSE. This rule does not have a significant economicimpact.

¤ Plain Language: Where confusing or wordy language is identified, we will make revisions.

¤ General: This rule was revised in 1983. If additional updates become desirable, changes will be proposed.
14 CFR 232—Transportation of mail, review of orders of postmaster general

¤ Section 610: No SEIOSNOSE. This rule applies to a substantial number of small entities but does not have a significant economic impact. Quite to the contrary, the regulation, authorized by 49 U.S.C. 41902(e), allows for those small entities that believe they have been aggrieved by the US Postal Service to seek relief from the Department of Transportation.

¤ Plain Language: Where confusing or wordy language is identified, we will make revisions.

¤ General: This rule was revised in 1976. If additional updates become desirable, changes will be proposed.

Year 3 (Fall 2000) List of Rules that will be analyzed during the next year
14 CFR part 234 — Airline service quality performance reports
14 CFR part 240 — Inspection of accounts and property
14 CFR part 241 — Uniform system of accounts and reports for large certified air carriers
14 CFR part 243 — Passenger manifest information
14 CFR part 247 — Direct airport—to—airport mileage records
14 CFR part 248 — Submission of audit reports
14 CFR part 249 — Preservation of air carrier records
14 CFR part 250 — Oversales
14 CFR part 252 — Smoking aboard aircraft
14 CFR part 253 — Notice of terms of contract of carriage
14 CFR part 254 — Domestic baggage liability

UNITED STATES COAST GUARD
SECTION 610 AND OTHER REVIEWS
Year Regulations to be Reviewed Analysis Year Review Year
133 CFR Parts 1 through 12419981999
233 CFR Parts 125 through 19919992000
346 CFR Parts 1 through 4020002001
446 CFR Parts 41 through 6920012002
546 CFR Parts 70 through 8920022003
646 CFR Parts 90 through 13920032004
746 CFR Parts 140 through 15520042005
846 CFR Parts 156 through 16520052006
946 CFR Parts 166 through 19920062007
10New parts and subparts20072008

Year 2 (Fall 1999) List of rules analyzed and a summary of the results
33 CFR part 125 — Identification credentials for persons requiring access to waterfront facilities or vessels

¤ Section 610: No SEIOSNOSE. These rules have no impact on small entities.

¤ Plain Language: USCG will rewrite as resources permit.

¤ General: These rules are reviewed for minor non-substantive updates on an annual basis. No substantive revisions are necessary.
33 CFR part 126 — Handling of Class 1 (explosive) materials or other dangerous cargoes within or contiguous to waterfront facilities
33 CFR part 127 — Waterfront facilities handling liquefied natural gas and liquefied hazardous gas
33 CFR part 128 — Security of passenger terminals
33 CFR part 133 — Oil spill liability trust fund; state access

¤ Section 610: No SEIOSNOSE. These rules have no impact on small entities.

¤ Plain Language: USCG will rewrite as resources permit.

¤ General: These rules are reviewed for minor non-substantive updates on an annual basis. No substantive revisions are necessary.
33 CFR part 135 — Offshore oil pollution compensation fund
33 CFR part 136 — Oil spill liability trust fund; claims procedures; designation source; and advertisement

¤ Section 610: No SEIOSNOSE. These rules have no significant impact on small entities.

¤ Plain Language: USCG will rewrite as resources permit.

¤ General: These rules are reviewed for minor non-substantive updates on an annual basis. No substantive revisions are necessary.
33 CFR part 138 — Financial responsibility for water pollution (vessels)
33 CFR part 140 — General
33 CFR part 141 — Personnel
33 CFR part 142 — Workplace safety and health
33 CFR part 143 — Design and equipment
33 CFR part 144 — Lifesaving appliances
33 CFR part 145 — Fire—fighting equipment
33 CFR part 146 — Operations
33 CFR part 147 — Safety zones

¤ Section 610: No SEIOSNOSE. These rules have no significant impact on small entities.

¤ Plain Language: USCG will rewrite as resources permit.

¤ General: These rules are reviewed for minor non-substantive updates on an annual basis. No substantive revisions are necessary.
33 CFR part 148 — General

¤ Section 610: No SEIOSNOSE. These rules have no significant impact on small entities.

¤ Plain Language: USCG will rewrite as resources permit.

¤ General: These rules are reviewed for minor non-substantive updates on an annual basis. No substantive revisions are necessary.
33 CFR part 149 — Design, construction, and equipment

¤ Section 610: No SEIOSNOSE. These rules have no significant impact on small entities.

¤ Plain Language: USCG will rewrite as resources permit.

¤ General: These rules are reviewed for minor non-substantive updates on an annual basis. No substantive revisions are necessary.
33 CFR part 150 — Operations

¤ Section 610: No SEIOSNOSE. These rules have no significant impact on small entities.

¤ Plain Language: USCG will rewrite as resources permit.

¤ General: These rules are reviewed for minor non-substantive updates on an annual basis. No substantive revisions are necessary.
33 CFR part 160 — Ports and waterways safety — general

¤ Section 610: No SEIOSNOSE. These rules have no significant impact on small entities.

¤ Plain Language: USCG will rewrite as resources permit.

¤ General: These rules are reviewed for minor non-substantive updates on an annual basis. No substantive revisions are necessary.
33 CFR part 166 — Shipping safety fairways

¤ Section 610: No SEIOSNOSE. These rules have no significant impact on small entities.

¤ Plain Language: USCG will rewrite as resources permit.

¤ General: These rules are reviewed for minor non-substantive updates on an annual basis. No substantive revisions are necessary.
33 CFR part 167 — Offshore traffic separation schemes

¤ Section 610: No SEIOSNOSE. These rules have no significant impact on small entities.

¤ Plain Language: USCG will rewrite as resources permit.

¤ General: These rules are reviewed for minor non-substantive updates on an annual basis. No substantive revisions are necessary.
33 CFR part 174 — State numbering and casualty reporting systems

¤ Section 610: No SEIOSNOSE. These rules have no significant impact on small entities.

¤ Plain Language: USCG will rewrite as resources permit.

¤ General: These rules are reviewed for minor non-substantive updates on an annual basis. No substantive revisions are necessary.
33 CFR part 175 — Equipment requirements

¤ Section 610: No SEIOSNOSE. These rules have no significant impact on small entities.

¤ Plain Language: USCG will rewrite as resources permit.

¤ General: These rules are reviewed for minor non-substantive updates on an annual basis. No substantive revisions are necessary.
33 CFR part 177 — Correction of especially hazardous conditions

¤ Section 610: No SEIOSNOSE. These rules have no significant impact on small entities.

¤ Plain Language: USCG will rewrite as resources permit.

¤ General: These rules are reviewed for minor non-substantive updates on an annual basis. No substantive revisions are necessary.

Year 3 (Fall 2000) List of rules that will be analyzed during the next year
33 CFR part 126 — Handling of Class 1 (explosive) materials or other dangerous cargoes within or contiguous to waterfront facilities
33 CFR part 127 — Waterfront facilities handling liquefied natural gas and liquefied hazardous gas
33 CFR part 128— Security of passenger terminals
33 CFR part 135 — Offshore oil pollution compensation fund
33 CFR part 138 — Financial responsibility for water pollution (vessels)
33 CFR part 140 — General
33 CFR part 141 — Personnel
33 CFR part 142 — Workplace safety and health
33 CFR part 143 — Design and equipment
33 CFR part 144 — Lifesaving appliances
33 CFR part 145 — Firefighting equipment
33 CFR part 146 — Operations
33 CFR part 151 — Vessels carrying oil, noxious liquid substances, garbage, municipal or commercial waste, and ballast water
33 CFR part 153 — Control of pollution by oil or hazardous substances, discharge removal
33 CFR part 154 — Facilities transferring oil or hazardous materials in bulk
33 CFR part 155 — Oil or hazardous material pollution prevention regulations for vessels
33 CFR part 156 — Oil or hazardous material transfer operations
33 CFR part 157 — Rules for the protection of the marine environment relating to tank vessels carrying oil in bulk
33 CFR part 158 — Reception facilities for oil, noxious liquid substances, and garbage
33 CFR part 161 — Vessel traffic management
33 CFR part 162 — Inland waterways navigation regulations
33 CFR part 163 — Towing of barges
33 CFR part 164 — Navigation safety regulations
33 CFR part 165 — Regulated navigation areas and limited access areas
33 CFR part 168 — Escort requirements for certain tankers
33 CFR part 173 — Vessel numbering and casualty and accident reporting
33 CFR part 179 — Defect notification
33 CFR part 181 — Manufacturer requirements
33 CFR part 183 — Boats and associated equipment
33 CFR part 184 — 186 Reserved
33 CFR part 187 — Vessel identification system
33 CFR parts 188 through 199 — Reserved
46 CFR part 1 — Organization, general course and methods governing marine safety functions
46 CFR part 2 — Vessel inspections
46 CFR part 3 — Designation of oceanographic research vessels
46 CFR part 4 — Marine casualties and investigations
46 CFR part 5 — Marine investigation regulations — personnel action
46 CFR part 6 — Waivers of navigation and vessel inspection laws and regulations
46 CFR part 7 — Boundary lines
46 CFR part 8 — Vessel inspection alternatives
46 CFR part 9 — Extra compensation for overtime services
46 CFR part 10 — Licensing of maritime personnel
46 CFR part 12 — Certification of seamen
46 CFR part 13 — Certification of tankermen
46 CFR part 14 — Shipment and discharge of merchant mariners
46 CFR part 15 — Manning requirements
46 CFR part 16 — Chemical testing
46 CFR part 24 — General provisions
46 CFR part 25 — Requirements
46 CFR part 26 — Operations
46 CFR part 28 — Requirements for commercial fishing industry vessels
46 CFR part 30 — General provisions
46 CFR part 31 — Inspection and certification
46 CFR part 32 — Special equipment, machinery, and hull requirements
46 CFR part 34 — Firefighting equipment
46 CFR part 35 — Operations
46 CFR part 36 — Elevated temperature cargoes
46 CFR part 38 — Liquefied flammable gases
46 CFR part 39 — Vapor control systems

* FAA will also review all other rules dealing with alcohol and drugs
FEDERAL AVIATION ADMINISTRATION
SECTION 610 REVIEW PLAN
Year Regulations to be Reviewed Analysis Year Review Year
114 CFR parts 1 through 2119981999
214 CFR parts 23 through 3419992000
314 CFR parts 35 through 4920002001
 4*14 CFR parts 61 through 7720012002
514 CFR parts 91 through 10520022003
614 CFR parts 107 through 13320032004
714 CFR parts 135 through 14720042005
814 CFR parts 150 through 16920052006
914 CFR parts 170 through 19820062007
1014 CFR parts 400 through 41520072008

Year 1 (Fall 1998) List of Rules reviewed during the past year
14 CFR part 21- Certification procedures for products and parts

¤ The FAA reviewed this rule to determine if it could be revised or revoked to lessen the impact on small entities. Eleven sections (21.16, 21.21, 21.33, 21.35, 21.95, 21.97, 21.123, 21.125, 21.143, 21.157, and 21.183) were found to have a SEIOSNOSE. The agency found that no changes are warranted because these sections outline the minimum requirements, in terms of type designs, inspections, and tests, etc., necessary to demonstrate the airworthiness of aircraft and aircraft parts.

Year 2 (Fall 1999) List of Rules analyzed and a summary of the results
14 CFR 23—Airworthiness standards: normal, utility, acrobatic, and commuter category airplanes

¤ Section 610; FAA will conduct a formal 610 review during the following 12 months *

¤ Plain Language: To the extent that the FAA's plain language study identified a need for revisions in this part, revisions will be made when the FAA has the opportunity and resources to do so.
14 CFR 25—Airworthiness standards: transport category airplanes

¤ No SEIOSNOSE. There are no small business manufacturers of transport category airplanes.

¤ Plain Language: To the extent that the FAA's plain language study identified a need for revisions in this part, revisions will be made when the FAA has the opportunity and resources to do so.
14 CFR 27—Airworthiness standards: normal, utility, acrobatic, and commuter category rotorcraft

¤ Section 610; FAA will conduct a formal 510 review during the following 12 months *

¤ Plain Language: To the extent that the FAA's plain language study identified a need for revisions in this part, revisions will be made when the FAA has the opportunity and resources to do so.
14 CFR 29—Airworthiness standards: transport category rotorcraft

¤ Section 610; FAA will conduct a formal 510 review during the following 12 months *

¤ Plain Language: To the extent that the FAA's plain language study identified a need for revisions in this part, revisions will be made when the FAA has the opportunity and resources to do so.
14 CFR 33—Airworthiness standards: aircraft engines

¤ Section 610; FAA will conduct a formal 510 review during the following 12 months *

¤ Plain Language: To the extent that the FAA's plain language study identified a need for revisions in this part, revisions will be made when the FAA has the opportunity and resources to do so.
14 CFR 34—Fuel venting and exhaust emission requirements for turbine engine powered airplanes

¤ Section 610; FAA will conduct a formal 510 review during the following 12 months *

¤ Plain Language: To the extent that the FAA's plain language study identified a need for revisions in this part, revisions will be made when the FAA has the opportunity and resources to do so.

Year 3 (Fall 2000) List of Rules that will be analyzed during the next year
14 CFR part 35—Airworthiness standards: propellers
14 CFR part 36—Noise standards; aircraft type and airworthiness certification
14 CFR part 39-Airworthiness directives
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 49—Recording of aircraft titles and security documents

* A description for this action will be included in the April 2001 agenda or published in a separate notice in the Federal Register.

FEDERAL HIGHWAY ADMINISTRATION
SECTION 610 AND OTHER REVIEWS
Year Regulations to be Reviewed Analysis Year Review Year
1None19981999
2None19992000
323 CFR parts 450, 657 and 77120002001
423 CFR parts 1-26020012002
523 CFR parts 420, 460-48020022003
623 CFR part 50020032004
723 CFR 600-656, 658-66920042005
823 CFR parts 710-92420052006
923 CFR parts 1200-125220062007
10New parts and subparts20072008

Year 3 (Fall 2000) List of Rules that will be analyzed during the next year
23 CFR part 450-On going review of regulations governing Statewide and Metropolitan Transportation Planning
23 CFR part 657 — On going review of certification of size and weight requirements
23 CFR part 771—On going review of regulations governing Assessment of Environmental Impact and Related procedures (NEPA Implementing Regulations)

Federal-Aid Highway Program

The 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 1 of title 23 of the USC. Section 145 of title 23 expressly provides that chapter 1 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 requirements that States must meet to receive Federal funds for the construction and other work related to highways.

Because the regulations in title 23 primarily relate to States, which are not defined as small entities under the Regulatory Flexibility Act, the FHWA believes that its regulations in title 23 do not have a significant economic impact on a substantial number of small entities, with limited exceptions discussed below. The FHWA solicits public comment on this preliminary conclusion.

In title 23, part 657, "Certification of Size and Weight Enforcement," may have impacts on small governments or small businesses. The FHWA will publish a supplemental ANPRM to consider revisions to part 657. Public comment will be solicited specifically on whether and how part 657 may be revised to reduce burdens on small entities.

FHWA, jointly with the Federal Transit Administration, will be proposing revisions to the regulations currently codified at 23 CFR parts 450 and 771. These regulations will be issued in a new chapter IV of 23 CFR as "intermodal" rules and renumbered respectively as 23 CFR part 1410 (planning assistance and standards) and 23 CFR part 1420 and 1430 (environmental impact and related matters). In the course of developing the notice of proposed rulemaking for each of these regulations, the FHWA and FTA solicited comment on their potential for impact on small entities, including small governments. All comments will be analyzed accordingly and issues pertaining to the potential for impact will be addressed in the final regulations.

Development of these revised regulations represents part of the FHWA's efforts to implement the Transportation Equity Act for the 21st Century (TEA-21), which reauthorizes Federal surface transportation programs. Additional implementation efforts under TEA-21 may offer further opportunities to reduce the burden of existing regulations on small entities, and comment on this possibility is requested.

NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION
SECTION 610 AND OTHER REVIEWS
Year Regulations to be Reviewed Analysis Year Review Year
149 CFR parts 501 through 526 and 571.21319981999
249 CFR parts 571.131 and 571.220 through 571.22219992000
349 CFR parts 591 through 59420002001
449 CFR parts 571.101 through 571.110 and 571.13520012002
549 CFR parts 529 through 579, except part 57120022003
649 CFR parts 571.111 through 571.129 and parts 580 through 59020032004
749 CFR part 571.201 through 571.21220042005
849 CFR parts 571.214 through 571.21920052006
949 CFR parts 571.223 through 571.304, part 500 and new parts and subparts under 49 CFR20062007
1023 CFR parts 1200's and 1300's and new parts and subparts under 23 CFR20072008

Year 2 (Fall 1999) List of Rules analyzed and a summary of the results
49 CFR part 571.131-School bus pedestrian safety devices
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 572.222—School bus passenger seating and crash protection

Year 3 (Fall 2000) List of Rules that will be analyzed during the next year
Part 591 — Implementation of vehicles and equipment subject to Federal safety, bumper and theft prevention standards
Part 592 — Registered importers of vehicles not originally manufactured to conform to the Federal Motor Vehicle Safety Standards
Part 593 — Determinations that a vehicle not originally manufactured to conform to the Federal Motor Vehicle Safety Standards is eligible for importation
Part 594 — Schedule of fees authorized by 49 U.S.C. 30141

NHTSA Request for Comments

On September 13, 2000, NHTSA published in the Federal Register a request for comments on whether these rules have a significant economic impact on a substantial number of small entities. NHTSA received and granted a request to extend the comment period to November 13, 2000.

FEDERAL RAILROAD ADMINISTRATION
SECTION 610 AND OTHER REVIEWS
Year Regulations to be Reviewed Analysis Year Review Year
149 CFR parts 200 through 20119981999
249 CFR parts 207, 209, 211, 215, and 25619992000
349 CFR parts 210, 212, 214, and 21720002001
449 CFR parts 21920012002
549 CFR parts 218 and 22120022003
649 CFR parts 216 and 228 through 22920032004
749 CFR parts 223 and 23320042005
849 CFR parts 225, 231, and 23420052006
949 CFR parts 235 through 236, 250, 260, and 26620062007
1049 CFR parts 213, 220, 230, 232, 239, 240, and 26520072008

Year 2 (Fall 1999) List of Rules analyzed and a summary of the results
49 CFR part 207-Railroad police officers

¤ Section 610: No SEIOSNOSE. Railroads that qualify as small businesses do not generally employ railroad police officers. Economic impact would be minimal if they do choose to employ police officers.

¤ Plain Language: This rule is just over one page in length, and is very clearly written.

¤ General: No additional review is necessary.
49 CFR part 209—Railroad safety enforcement procedures

¤ Section 610: No SEIOSNOSE. Rule provisions are either procedural, or their economic impact is not significant.

¤ Plain Language: Text is clear and well-organized, but does contain enough typographical errors to warrant review. FRA plans to revise this rule in the near future, and has established RIN 2130-AB35 for this action.

¤ General: No additional review is necessary.
49 CFR part 211—Rules of practice

¤ Section 610: No SEIOSNOSE. These are agency procedural rules. Participation by all parties, including small entities, in these agency proceedings is voluntary.

¤ Plain Language: FRA's plain language review indicates no need for substantial revision. As resources permit, FRA will make changes as may be necessary. FRA plans to revise this rule in the near future, and has established RIN 2130-AB36 for this action.

¤ General: Participation in these procedures is voluntary, and the costs are minimal.
49 CFR part 215—Railroad freight car safety standards

¤ Section 610: There is a SEIOSNOSE. FRA will conduct a formal review to identify whether additional opportunities may exist to further reduce the burden on small railroads without compromising safety.

¤ Plain Language: FRA's plain language review indicates no need for substantial revision. As resources permit, FRA will make changes as may be necessary.

¤ General: Part 215 contains provisions (Appendix D) designed to reduce the burden on small railroads to the greatest extent possible without a negative safety impact. However, a SEIOSNOSE still exists.
49 CFR part 256 — Financial assistance for railroad passenger terminals

¤ This rule administers a program that is currently inactive because funds have not been appropriated for it. Therefore, it has no SEIOSNOSE and no further review is necessary.

Year 3 (Fall 2000) List of Rules that will be analyzed during the next year
49 CFR part 210 — Railroad noise emission compliance regulations
49 CFR part 212 — State safety participation regulations
49 CFR part 214 — Railroad workplace safety
49 CFR part 217 — Railroad operating rules

FEDERAL TRANSIT ADMINISTRATION
SECTION 610 AND OTHER REVIEWS
Year Regulations to be Reviewed Analysis Year Review Year
1None19981999
2None19992000
349 CFR part 66120002001
449 CFR parts 653 and 65420012002
549 CFR part 66520022003

Year 3 (Fall 2000) List of Rules that will be analyzed during the next year
49 CFR part 661 — Buy Americarequirements — Surface Transportation Assistance Act of 1982, as amended

MARITIME ADMINISTRATION
SECTION 610 AND OTHER REVIEWS
Year Regulations to be Reviewed Analysis Year Review Year
146 CFR parts 201 through 20719981999
246 CFR parts 221 through 23219992000
346 CFR parts 249 through 29520002001
446 CFR parts 29820012002
546 CFR parts 307 through 31020022003
646 CFR parts 315 through 39920032004
746 CFR part 340 and 34720042005
846 CFR parts 349 through 38020052006
946 CFR parts 381 through 38720062007
1046 CFR parts 390 through 39120072008

Year 2 (Fall 1999) List of Rules analyzed and a summary of the results.
46 CFR part 221-Regulated transactions involving documented vessels and other maritime interests

¤ Section 610: No SEIOSNOSE. Some small entities may be affected, but the economic impact on small entities will not be significant.

¤ Plain Language: In an upcoming rulemaking, MARAD will rewrite the regulations using plain language techniques.

¤ General: We will continue our review and schedule this part for revision as appropriate.
46 CFR part 232 — Uniform Financial Reporting Requirements

¤ Section 610: No SEIOSNOSE. These rules are procedural and have minimal, if any, cost impact.

¤ Plain Language: As resources permit, MARAD will rewrite the regulations using plain language techniques.

¤ General: MARAD staff concluded that no changes are necessary.

Year 3 (Fall 2000) List of Rules analyzed and a summary of the results
46 CFR 249  Approval of underwriters for marine hull insurance

¤ Section 610: No SEIOSNOSE. Some small entities may be effected, but the economic impact on small entities will not be significant.

¤ Plain Language: As resources permit, MARAD will rewrite the regulations using plain language techniques.

¤ General: No changes are necessary because the requirements regulate in the most cost-effective manner, the benefits of the regulations justify their costs, and the regulations impose the least burden on society.
46 CFR 251 Application for subsidies and other direct financial aid
46 CFR 252 Operating—differential subsidy for bulk cargo vessels engaged in worldwide services
46 CFR 272 Requirements and procedures for conducting condition surveys and administering maintenance and repair subsidy

¤ Section 610: No SEIOSNOSE. Some small entities may be effected, but the economic impact on small entities will not be significant. Congress has withdrawn MARAD's authority to issue operational-differential subsidy.

¤ Plain Language: We will rewrite any remaining regulations using plain language techniques.

¤ General: We will continue our review of operating-differential subsidy regulations and will probably initiate a rulemaking in September 2001 to eliminate these regulations as the last operating-differential subsidy contracts terminate.
46 CFR 276 Construction—differential subsidy repayment

¤ Section 610: No SEIOSNOSE. Some small entities may be effected, but the economic impact on small entities will not be significant. Plain Language: We will rewrite any remaining regulations using plain language techniques.

¤ General: No changes are necessary because the requirements regulate in the most cost-effective manner, the benefits of the regulations justify their costs, and the regulations impose the least burden on society.
46 CFR 277 Domestic and foreign trade; interpretations
46 CFR 280 Limitations on the award and payment of operating—differential subsidy for liner operators
46 CFR 281 Information and procedure required under liner operating—differential subsidy agreements
46 CFR 282 Operating—differential subsidy for liner vessels engaged in essential services in the foreign commerce of the United States
46 CFR 283 Dividend policy for operators receiving operating—differential subsidy

¤ Section 610: No SEIOSNOSE. Some small entities may be effected, but the economic impact on small entities will not be significant. Congress has withdrawn MARAD's authority to issue operational-differential subsidy.

¤ Plain Language: We will rewrite any remaining regulations using plain language techniques.

¤ General: We will continue our review of operating-differential subsidy regulations and will probably initiate a rulemaking in September 2001 to eliminate these regulations as the last operating-differential subsidy contracts terminate.
46 CFR 287 Establishment of construction reserve funds

¤ Section 610: No SEIOSNOSE. Some small entities may be affected, but the economic impact on small entities will not be significant.

¤ Plain Language: We will rewrite the regulations using plain language techniques.

¤ General: We will continue our review and schedule this part for revision as appropriate.
46 CFR 295 Maritime Security Program

¤ Section 610: No SEIOSNOSE. Some small entities may be affected, but the economic impact on small entities will not be significant.

¤ Plain Language: The text is clear and well-organized.

¤ General: We will revise the regulations if necessary.

Year 4 (Fall 2001) List of Rules that will be analyzed during the next year
¤ 46 CFR part 298—Obligation Guarantees

RESEARCH AND SPECIAL PROGRAMS ADMINSTRATION
SECTION 610 AND OTHER REVIEWS
Year Regulations to be Reviewed Analysis Year Review Year
149 CFR sections 171.15, 171.16 (incident reports)19981999
249 CFR parts 106 and 107 (hazardous materials safety procedures), 171 (general hazmat requirements), 190 (pipeline safety procedures), and 195 (hazardous liquid pipeline corrosion control)19992000
349 CFR parts 174, 177 (rail and highway carriage), 191 (gas pipeline transportation reports), and 192 (gas pipeline corrosion control)20002001
449 CFR parts 176 (vessel carriage) and 199 (pipeline employee drug and alcohol testing)20012002
549 CFR parts 172, 173, 174, 175, 176, 177, and 178 (radioactive material)20022003
649 CFR parts 172, 173, 174, 176, and 178 (explosives), and 193 (liquefied natural gas facilities), and parts 172, 173, 178, and 180 (cylinders)20032004
749 CFR 173 (shipper requirements) and 194 (onshore oil pipeline response plans)20042005
849 CFR parts 178 (non-bulk packaging) and 195 (hazardous liquid pipeline transportation)20052006
949 CFR parts 178 through 180 (bulk packaging) and 198 (State pipeline safety grants)20062007
1049 CFR parts 172 (communications, emergency response, training and hazmat table) and 175 (air carriage)20072008

Year 2 (Fall 1999) List of Rules analyzed and a summary of the results
49 CFR part 106 — Procedures for adoption of rules

¤ Section 610: No SEIOSNOSE. These rules are procedural and have minimal, if any, cost impact.

¤ Plain Language: As resources permit, RSPA will rewrite the regulations using plain language techniques.

¤ General: We will continue our review and schedule this part for revision as appropriate.
49 CFR part 107 — Hazardous materials program procedures

¤ Section 610: No SEIOSNOSE. These rules are procedural and may affect some small entities, but the cost impact is not significant.

¤ Plain Language: As resources permit, RSPA will rewrite the regulations using plain language techniques.

¤ General: We will continue our review and schedule this part for revision as appropriate.
49 CFR part 171 — General hazmat requirements

¤ Section 610: No SEIOSNOSE. Most of the provisions of this part serve to reduce the economic impact on the regulated community. Part 171 assures consistency between the HMR and regulations issued by other federal agencies; facilitates international transportation and trade; incorporates industry consensus standards into the HMR; and provides explanatory material and information to help the HMR easier to read and understand.

¤ Plain Language: Sections 171.1 and 171.2 are being rewritten in plain language under Docket HM-223. Commenters suggested that plain language rewrite of the remainder of this part is not necessary; therefore, no rewrite is currently planned. If sections of this part are amended as part of ongoing rulemakings, those sections will be rewritten in plain language.

¤ General: As a result of 610/Plain language review of part 171 for year 1, no additional reviews are necessary.
49 CFR part 190—Pipeline safety procedures

¤ Section 610: No SEIOSNOSE. These rules are procedural and have minimal, if any, cost impact.

¤ Plain Language: As resources permit, RSPA will rewrite the regulations using plain language techniques.

¤ General: Reviewed pipeline safety program procedures and proposed changes to clarify and streamline enforcement procedures.
49 CFR part 195—Hazardous liquid pipeline corrosion control

¤ Section 610: No SEIOSNOSE. The regulations do not impose any additional costs because they are consistent with customary industry practices.

¤ Plain Language: Plain language techniques will be used in any amended regulations that result from rulemakingfollowing review.

¤ General: Reviewed corrosion control regulations with state and industry input and proposed changes to improve clarity and effectiveness.

Year 3 (Fall 2000) 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 191 — Gas pipeline transportation reports
49 CFR part 192 — Gas pipeline corrosion control

BUREAU OF TRANSPORTATION STATISTICS
SECTION 610 AND OTHER REVIEWS
Year Regulations to be Reviewed Analysis Year Review Year
114 CFR parts 241, Form 4119981999
214 CFR parts 241, Schedule T-100, and part 21719992000
314 CFR parts 298, 49 CFR 142020002001
414 CFR parts 241, section 19-720012002
514 CFR parts 29120022003
614 CFR parts 23420032004
714 CFR part 24920042005
814 CFR part 24820052006
914 CFR part 25020062007
1014 CFR part 374a, ICAO20072008

Year 2 (Fall 1999) List of Rules analyzed and a summary of the results
14 CFR part 241, Schedule T-100-U.S. Air Carrier Traffic and Capacity Data by Nonstop Segment and On-Flight Market

¤ Section 610: No SEIOSNOSE. It has a minor impact.

¤ Plain Language: This rule is being reviewed as part of an overall aviation data requirements review and modernization program, which will also take into account the plain language initiative.

¤ General: This rule is being reviewed as part of an overall aviation data requirements review and modernization program.
14 CFR part 217—Reporting Traffic Statistics by Foreign Air Carriers in Civilian Scheduled, Charter, and Non—Scheduled Services

¤ Section 610: No SEIOSNOSE. The data collection applies to large, foreign carriers.

¤ Plain Language: This rule is being reviewed as part of an overall aviation data requirements review and modernization program, which will also take into account the plain language initiative.

¤ General: This rule is being reviewed as part of an overall aviation data requirements review and modernization program.

Year 3 (Fall 2000) List of Rules analyzed and a summary of the results
14 CFR part 298, subpart F — Schedule 298—C, Report of Financial and Operating Statistics for Small Aircraft Operators

¤ Section 610: potential SEIOSNOSE. This reporting is by small entities; comments will be requested from the affected small entities to assess the economic impact of the proposed changes.

¤ Plain Language: A proposed rule is being drafted using plain language techniques.

¤ General: This rule is being reviewed as part of an overall program analysis of aviation data requirements and modernization. During the review process, BTS identified certain data gaps that exist in the current traffic statistics reported by small aircraft operators. BTS has added a notice of proposed rulemaking (RIN 2139-AA08) to its Regulatory Agenda that is intended to address the gaps in the data.
49 CFR part 1420 — Reports of motor carriers

¤ Section 610: No SEIOSNOSE. This reporting is by Class I and Class II motor carriers that are not small entities.

¤ Plain Language: Plain language techniques will be used in drafting any necessary rule changes.

¤ General: We will continue our review and schedule this part for revision as appropriate.

Year 4 (Fall 2001) List of Rules that will be analyzed during the next year
14 CFR part 241, section 19—7—Passenger Origin and Destination Survey

SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION
SECTION 610 AND OTHER REVIEWS
Year Regulations to be Reviewed Analysis Year Review Year
133 CFR parts 401 through 40319981999

Year 2 (Fall 1999) List of Rules analyzed and a summary of the results
None

Year 3 (Fall 2000) List of Rules that will be analyzed during the next year
None 

+ DOT-designated significant regulation
Office of the Secretary—Proposed Rule Stage
Sequence Number Title Regulation Identification Number
2035 +Computer Reservations System Regulations Comprehensive Review2105-AC65
2036 +Aviation Data Requirements Review and Modernization Program2105-AC71
2037 Participation by Disadvantaged Business Enterprises in Department of Transportation Programs: Memorandum of Understanding With Small Business Administration; Uniform Forms and Other Revisions2105-AC88
2038 Nondiscrimination on the Basis of Disability in Air Travel2105-AC97

+ DOT-designated significant regulation
Office of the Secretary—Final Rule Stage
Sequence Number Title Regulation Identification Number
2039 Direct Air Carrier Responsibility for Returning Stranded Charter Passengers2105-AA40
2040 Air Travelers: Age Discrimination2105-AA45
2041 Direct Flights2105-AA73
2042 Diversion of Flights Within a Metropolitan Area2105-AA78
2043 Simplified Aviation Exemption Procedures2105-AA82
2044 Baggage Liability Notices in International Air Transportation2105-AA84
2045 Simplified Airline Counter-Sign Notices2105-AA88
2046 +Price Advertising2105-AB50
2047 +Procedures for Transportation Workplace Drug-Testing Programs2105-AB71
2048 +Transportation for Individuals With Disabilities (Accessibility Guidelines)2105-AC06
2049 Use of Direct Final Rulemaking2105-AC11
2050 Overbooking of Flights: Elimination of Airport Notice Signs2105-AC45
2051 Fees and Charges for Special Services: Reinvention2105-AC47
2052 Amendments to Modal Alcohol Testing Rules: Pre-Employment Testing2105-AC50
2053 +Participation by Disadvantaged Business Enterprises in Airport Concessions2105-AC76
2054 Nondiscrimination in Air Travel; Boarding Where Level-Entry Is Unavailable2105-AC81
2055 +Uniform Administrative Requirements for Grants and Agreements With Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations2105-AC83
2056 +Americans With Disabilities Act Accessibility Standards2105-AC86
2057 Participation by Minority Business Enterprises in Department of Transportation Financial Assistance Programs: Threshold Requirements and Other Technical Revisions2105-AC89
2058 Participation by Disadvantaged Business Enterprises in Department of Transportation Programs2105-AC91
2059 Statement of Policy on Alternative Dispute Resolution2105-AC94
2060 Over the Road Buses: Extension of Due Date for Information Collection2105-AC98
2061 Maintenance of and Access to Records Pertaining to Individuals2105-AC99
2062 Extension of Computer Reservation System (CRS) Regulations2105-AD00

+ DOT-designated significant regulation
Office of the Secretary—Long-Term Actions
Sequence Number Title Regulation Identification Number
2063 Policy Statement on Airline Preemption2105-AA46
2064 +Statement of Enforcement Policy on Rebating2105-AB39
2065 +Accessibility of Passenger Vessels to Individuals With Disabilities2105-AB87
2066 Use of Oxygen by Air Carrier Passengers2105-AC29
2067 +Domestic Passenger Manifest Information2105-AC62
2068 Electronic Filing Option in DOT Proceedings2105-AC79
2069 Nondiscrimination in Federally Assisted Programs2105-AC96

+ DOT-designated significant regulation
Office of the Secretary—Completed Actions
Sequence Number Title Regulation Identification Number
2070 Domestic Baggage Liability2105-AC07
2071 +Update of Drug and Alcohol Procedural Rules2105-AC49
2072 +Enforcement Policy: Unfair Exclusionary Conduct in the Air Transportation Industry2105-AC72
2073 Filing Periods for Responsive Pleadings; Rules of Practice in Aviation Economic Proceedings2105-AC73
2074 Standard Time Zone Boundary in the State of Nevada: Proposed Relocation2105-AC82

U.S. Coast Guard—Prerule Stage
Sequence Number Title Regulation Identification Number
2075 Electronic Chart Display and Information System (ECDIS) (USCG-2001-8826)2115-AG09

+ DOT-designated significant regulation
U.S. Coast Guard—Proposed Rule Stage
Sequence Number Title Regulation Identification Number
2076 Handling of Explosives or Other Dangerous Cargoes Within or Contiguous to Waterfront Facilities (CGD 92-026)(USCG-1998-4302)2115-AE22
2077 +Escort Vessels in Certain U.S. Waters (CGD 91-202a)2115-AE56
2078 Numbering of Undocumented Barges (CGD 93-091) (USCG-1998-3798)2115-AF13
2079 Carriage of Bulk Solid Materials Requiring Special Handling (USCG-2000-6932)2115-AF47
2080 Fire-Suppression Systems and Voyage-Planning for Towing Vessels (USCG 2000-6931)2115-AF53
2081 Rules of Practice, Procedure, and Evidence for Administrative Proceedings of the Coast Guard (USCG 1998-3472)2115-AF59
2082 +Salvage and Marine Firefighting Requirement; Vessel Response Plans for Oil (USCG-1998-3417)2115-AF60
2083 Deepwater Ports (USCG-1998-3884)2115-AF63
2084 Vessel Documentation (USCG-1998-4784)2115-AF71
2085 Vapor Control Systems (USCG-1999-5150)2115-AF78
2086 Marine Shipboard Electrical Cable Standards (USCG-1999-6096)2115-AF89
2087 Revision of Auxiliary Regulations (USCG-1999-6712)2115-AF94
2088 Cargo Securing on Vessels Operating in U.S. Waters (USCG-2000-7080)2115-AF97
2089 Allowing Alternative Source to Incandescent Light in Private Aids to Navigation (USCG-2000-7466)2115-AF98
2090 Chemical Testing (USCG-2000-7759)2115-AG00
2091 Wearing of Personal Flotation Devices (PFDs) by Certain Children aboard Recreational Vessels (USCG-2000-8589)2115-AG04
2092 +Vessel and Facility Response Plans for Oil: 2003 Equipment Caps and Alternative Technology Revisions (USCG-2001-8661)2115-AG05
2093 Notification of Arrival: Addition of Charterer to Required Information (USCG-2001-8659)2115-AG06
2094 +Post Casualty Drug and Alcohol Testing (USCG-2001-8773)2115-AG07
2095 Vessel Documentation: Lease Financing for Vessels Engaged in the Coastwise Trade (USCG-2001-8825)2115-AG08
2096 Tank Level or Pressure Monitoring Devices2115-AG10
2097 Discharge of Effluents in Certain Alaskan Waters by Cruise Vessel Operations (CGD 17-01-003)2115-AG12
2098 Navigable Waters of the United States, Territorial Sea, Contiguous Zone; Conforming Definitions to Statutory Changes and Presidential Proclamations (USCG-2001-9044)2115-AG13
2099 Inspection and Enforcement of Coast Guard Regulations for Fixed Facilities by Minerals Management Service (USCG-2001-9045)2115-AG14

+ DOT-designated significant regulation
U.S. Coast Guard—Final Rule Stage
Sequence Number Title Regulation Identification Number
2100 Safety/Security Zone Regulations2115-AA97
2101 Special Anchorage Areas/Anchorage Grounds Regulations2115-AA98
2102 Vessel Identification System (USCG-1999-6420)2115-AD35
2103 +Discharge-Removal Equipment for Vessels Carrying Oil (USCG-1998-4858)2115-AD66
2104 Reporting Marine Casualties (USCG-2000-6927)2115-AD98
2105 +Escort Vessels for Certain Tankers (CGD 91-202)2115-AE10
2106 Regatta Regulations2115-AE46
2107 Drawbridge Regulations2115-AE47
2108 Regulated Navigation Areas2115-AE84
2109 +Marine Transportation-Related Facility Response Plans for Hazardous Substances (USCG-1999-5705)2115-AE87
2110 +Tank Vessel Response Plans for Hazardous Substances (USCG-1998-4354)2115-AE88
2111 Licensing and Manning for Officers of Towing Vessels (CGD 94-055)(USCG 1999-6224)2115-AF23
2112 +Implementation of the 1995 Amendments to the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 (STCW) (CGD 95-062)2115-AF26
2113 Implementation of the National Invasive Species Act of 1996 (CGD 97-068)(USCG-1998-3423)2115-AF55
2114 Pollution Prevention for Oceangoing Ships and Certain Vessels in Domestic Service (USCG-2000-7641) Previous Docket (CGD 97-072)2115-AF56
2115 Safety of Uninspected Passenger Vessels Under the Passenger Vessel Safety Act of 1993 (USCG-1999-5040)2115-AF69
2116 Certification of Navigation Lights for Uninspected Commercial Vessels and Recreational Vessels (CGD 97-060)(USCG 1999-6580).2115-AF70
2117 Vessel Traffic Service Lower Mississippi River (USCG-1998-4399)2115-AF75
2118 Anchorage Ground; Safety Zone; Speed Limit; Tongass Narrows and Ketchikan, AK (CGD17-99-002)2115-AF81
2119 Mandatory Ship Reporting System off the Northeast and the Southeast Coasts of the United States (USCG-1999-5525)2115-AF82
2120 Training and Qualifications for Personnel on Passenger Ships (USCG 1999-5610)2115-AF83
2121 Raising the Threshold of Property Damage for Reports of Accidents Involving Recreational Vessels (USCG-1999-6094)2115-AF87
2122 Great Lakes Pilotage Rates (USCG-1999-6098)2115-AF91
2123 Alternate Hull Examination Program for Certain Passenger Vessels, and Underwater Surveys for Passenger, Nautical School, and Sailing School Vessels (USCG-2000-6858)2115-AF95
2124 Noxious Liquid Substances, Obsolete Hazardous Materials in Bulk, and Current Hazardous Materials in Bulk (USCG-2000-7079)2115-AF96
2125 Exemption of Public Vessels Equipped With Electronic Charting and Navigation Systems From Paper Chart Requirements (USCG 2000-8300)2115-AG03
2126 Right to Appeal; Director, Great Lakes Pilotage (USCG-2001-8894)2115-AG11

+ DOT-designated significant regulation
U.S. Coast Guard—Long-Term Actions
Sequence Number Title Regulation Identification Number
2127 Permits for the Transportation of Municipal and Commercial Wastes (CGD 89-014)(USCG-2000-7442)2115-AD23
2128 Claims Procedures Under the Oil Pollution Act of 1990 (CGD 91-035)2115-AD90
2129 State Access to the Oil Spill Liability Trust Fund (CGD 92-014)2115-AE19
2130 Propeller Injury Prevention Aboard Rental Boats (CGD 95-041)2115-AF28
2131 Limited Service Domestic Voyage Load Lines for River Barges on Lake Michigan (CGD 95-015) (USCG-1998-4623)2115-AF38
2132 Outer Continental Shelf Activities (USCG-1998-3868)2115-AF39
2133 +Emergency Response Plans for Passenger Vessels (USCG-1998-3473)2115-AF61
2134 Commercial Diving Operations (USCG-1998-3786) 2115-AF64
2135 +Improvements to Maritime Safety in Puget Sound-Area Waters (USCG-1998-4501)2115-AF68
2136 Barges Carrying Bulk Liquid Hazardous Material (USCG-1999-5117) (Section 610 Review)2115-AF77

U.S. Coast Guard—Completed Actions
Sequence Number Title Regulation Identification Number
2137 Regattas and Marine Parades (CGD 95-054)2115-AF17
2138 Revision to Federal Blood Alcohol Concentration (BAC) Standard for Recreational Vessel Operators (USCG-1998-4593)2115-AF72
2139 Citizenship Standards for Vessel Ownership and Financing; American Fisheries Act (USCG-1999-6095)2115-AF88
2140 Safety Zone; Outer Continental Shelf Platforms in the Gulf of Mexico (CGD08-99-023)2115-AF93
2141 Inland Waterways Navigation Regulations: Ports and Waterways Safety (CGD 09-00-010)2115-AG01
2142 Shipping Safety Fairways and Anchorage Areas, Gulf of Mexico (CGD08-00-012)2115-AG02

Federal Aviation Administration—Proposed Rule Stage
Sequence Number Title Regulation Identification Number
2143 +Improved Water Survival Equipment2120-AC72
2144 +Retrofit of Improved Seats in Air Carrier Transport Category Airplanes2120-AC84
2145 +Corrosion Control Program2120-AE92
2146 +National Air Tour Safety Standards2120-AF07
2147 +Overflights of Units of the National Park System2120-AF46
2148 +Flight Crewmember Duty Period Limitations, Flight Time Limitations, and Rest Requirements2120-AF63
2149 +False and Misleading Statements Regarding Aircraft Parts2120-AG08
2150 +Child Restraint Systems2120-AG43
2151 Revision of Air Carrier Crewmember and Training Regulations2120-AG57
2152 Training in the Recognition of Hazardous Material2120-AG75
2153 +Traffic Alert and Collision Avoidance Systems2120-AG90
2154 Fire Protection of Electrical System Components on Transport Category Airplanes2120-AG92
2155 +Air Tour Operations in State of Hawaii2120-AH02
2156 +Fractional Ownership2120-AH06
2157 +Flight Simulation Device Qualification2120-AH07
2158 Antidrug and Alcohol Misuse Prevention Programs for Personnel Engaged in Specified Aviation Activies2120-AH14
2159 Alcohol and Antidrug Misuse Prevention Program for Personnel Engaged in Specified Aviation Activities2120-AH15
2160 Airworthiness Directives2120-AH17
2161 +Certification of Pilots, Aircraft, and Repairmen for the Operation of Light Sport Aircraft2120-AH19
2162 Powered Lift Operations2120-AH20
2163 Intermix Exclusion Deletion2120-AH22
2164 Refusal to Submit to an Authorized Drug Test2120-AH23
2165 Aircraft Registration Requirements; Clarification of "Court of Competent Jurisdiction"2120-AH24
2166 Revision to Airspeed Indicating System Requirements for Transport Category Airplanes2120-AH26
2167 Electrical Installation, Nickel Cadmium Battery Installation, and Nickel Cadmium Battery Storage2120-AH27
2168 Design and Installation of Electronic Equipment on Transport