Unified Agenda
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
OST Docket 99-5129
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 December 3, 2001 (66 FR 61898). The next one is scheduled for publication in the Federal Register in October 2002.
In light of the September 11, 2001, terrorist attacks in the United States and the potential for further attacks in this country; Congress enacted the Aviation and Transportation Security Act, which established the Transportation Security Administration (TSA) an operating administration within the Department. Effective February 17, 2002, TSA assumed the civil aviation security functions and responsibilities currently performed by the Federal Aviation Administration (FAA). Several new rulemaking actions have been added in this Agenda for TSA; however, further assessment is needed to determine which FAA rulemakings will move to TSA. We will reflect these changes in the next Agenda.
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 February 25, 2002.
First, the agenda is divided by initiating offices. Then, the agenda is divided into five categories: (1) Prerule stage, (2) proposed rule stage, (3) final rule stage, (4) long-term actions, and (5) completed actions. For each entry, the agenda provides the following information: (1) Its "significance"; (2) a short descriptive title; (3) its legal basis; (4) the related regulatory citation in the Code of Federal Regulations; (5) any legal deadline and, if so, for what action (e.g., NPRM, final rule); (6) an abstract; (7) a timetable, including the earliest expected date for a decision on whether to take the action; (8) whether the rulemaking will affect small entities and/or levels of government and, if so, which categories; (9) whether a Regulatory Flexibility Act (RFA) analysis is required (for rules that would have a significant economic impact on a substantial number of small entities); (10) a listing of any analyses an office will prepare or has prepared for the action (With minor exceptions, DOT requires an economic analysis for all its rulemakings.); (11) an agency contact office or official who can provide further information; (12) a Regulation Identifier Number (RIN) assigned to identify an individual rulemaking in the agenda and facilitate tracing further action on the issue; (13) whether the action is subject to the Unfunded Mandates Reform Act; (14) whether the action is subject to the Energy Act; and (15) whether the action is major under the congressional review provisions of the Small Business Regulatory Enforcement Fairness Act. If there is information that does not fit in the other categories, it will be included under a separate heading entitled "Additional Information."
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 25, 2002.
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.
Transportation Security Administration (TSA)
(Name of contact person), Transportation Security Administration, 400 7th Street SW., Washington, DC 20590.
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.
TSA — Mardi R. Thompson, Office of Chief Counsel, 400 7th Street SW., Washington, DC 20590, telephone: (202) 267-3226.
USCG — Steve G. Venckus, Chief, Office of Regulations and Administrative Law, 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 — Julie Downey, Office of Chief Counsel, 400 7th Street SW., Room 4223, Washington, DC 20590; telephone: (202) 366-0761.
FMCSA - Suzanne O'Malley, Office of Chief Counsel, 400 7th Street SW., Room 8201, Washington, DC 20590; telephone: (202) 366-1367.
FRA — Kathryn Shelton, 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 — Robert Monniere SW., Room 3430, Washington, DC 20590; telephone: (202) 366-5498.
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: 9-5.
Appendix D - Review Plans for Section 610 and Other Requirements
Part I - The Plan
General
The Department of Transportation has long recognized the importance of regularly reviewing its existing regulations to determine whether they need to be revised or revoked. Our 1979 Regulatory Policies and Procedures require such reviews. We also have responsibilities under 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 |
| 1 | 14 CFR parts 200 through 212 | 1998 | 1999 |
| 2 | 14 CFR parts 213 through 232 | 1999 | 2000 |
| 3 | 14 CFR parts 234 through 254 | 2000 | 2001 |
| 4 | 14 CFR parts 255 through 298 and part 40 | 2001 | 2002 |
| 5 | 14 CFR parts 300 through 373 | 2002 | 2003 |
| 6 | 14 CFR parts 374 through 398 | 2003 | 2004 |
| 7 | 14 CFR part 399 and 49 CFR parts 1 through 11 | 2004 | 2005 |
| 8 | 49 CFR parts 17 through 28 | 2005 | 2006 |
| 9 | 49 CFR parts 29 through 39 and parts 41 through 89 | 2006 | 2007 |
| 10 | 49 CFR parts 91 through 99, 48 CFR parts 1201 through 1253, and new parts and subparts | 2007 | 2008 |
Year 3 (Fall 2000) List of Rules continuing to be analyzed
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
Year 4 (Fall 2001) List of Rules that will be analyzed during the next year
14 CFR part 255 — Carrier-owned computer reservation systems
14 CFR part 256 — Display of joint operations in carrier-owned computer reservation systems
14 CFR part 257 — Disclosure of code-sharing arrangements and long-term wet leases
14 CFR part 258 — Disclosure of change-of-gauge services
14 CFR part 271 — Guidelines for subsidizing air carriers providing essential air transportation
14 CFR part 272 — Essential air service to the Freely Associated States
14 CFR part 291 — Cargo operations in interstate air transportation
14 CFR part 292 — International cargo transportation
14 CFR part 293 — International passenger transportation
14 CFR part 294 — Canadian charter air taxi operators
14 CFR part 296 — Indirect air transportation of property
14 CFR part 297 — Foreign air freight forwarders and foreign cooperative shippers associations
14 CFR part 298 — Exemptions for air taxi and commuter air carrier operations
49 CFR part 40 — Procedures for transportation workplace drug testing programs
| UNITED STATES COAST GUARD | |||
|---|---|---|---|
| SECTION 610 AND OTHER REVIEWS | Year | Regulations to be Reviewed | Analysis Year | Review Year |
| 1 | 33 CFR parts 1 through 124 | 1998 | 1999 |
| 2 | 33 CFR parts 125 through 199 | 1999 | 2000 |
| 3 | 46 CFR parts 1 through 40 | 2000 | 2001 |
| 4 | 46 CFR parts 41 through 69 | 2001 | 2002 |
| 5 | 46 CFR parts 70 through 89 | 2002 | 2003 |
| 6 | 46 CFR parts 90 through 139 | 2003 | 2004 |
| 7 | 46 CFR parts 140 through 155 | 2004 | 2005 |
| 8 | 46 CFR parts 156 through 165 | 2005 | 2006 |
| 9 | 46 CFR parts 166 through 199 | 2006 | 2007 |
| 10 | New parts and subparts | 2007 | 2008 |
Year 3 (Fall 2000) List of rules continuing to be analyzed
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
Year 4 (Fall 2001) List of rules that will be analyzed during the next year
46 CFR part 42 — Domestic and foreign voyages by sea
46 CFR part 44 — Special service limited domestic voyage
46 CFR part 45 — Great lakes load lines
46 CFR part 46 — Subdivision load lines for passenger vessels
46 CFR part 47 — Combination load lines
46 CFR part 50 — General provisions
46 CFR part 52 — Power boilers
46 CFR part 53 — Heating boilers
46 CFR part 54 — Pressure vessels
46 CFR part 56 — Piping systems and appurtenances
46 CFR part 57 — Welding and brazing
46 CFR part 58 — Main auxiliary machinery and related systems
46 CFR part 59 — Repairs to boilers, pressure vessels and appurtenances
46 CFR part 61 — Periodic tests and inspections
46 CFR part 62 — Vital systems automation
46 CFR part 63 — Automatic auxiliary boilers
46 CFR part 64 — Marine portable tanks and cargo handling systems
46 CFR part 67 — Documentation of vessels
46 CFR part 68 — Documentation of vessels pursuant to extraordinary legislative grants
46 CFR part 69 — Measurement of vessels
| FEDERAL AVIATION ADMINISTRATION | |||
|---|---|---|---|
| SECTION 610 REVIEW PLAN | Year | Regulations to be Reviewed | Analysis Year | Review Year |
| 1 | 14 CFR parts 1 through 21 | 1998 | 1999 |
| 2 | 14 CFR parts 23 through 34 | 1999 | 2000 |
| 3 | 14 CFR parts 35 through 49 | 2000 | 2001 |
| 4 * | 14 CFR parts 61 through 77 | 2001 | 2002 |
| 5 | 14 CFR parts 91 through 105 | 2002 | 2003 |
| 6 | 14 CFR parts 107 through 133 | 2003 | 2004 |
| 7 | 14 CFR parts 135 through 147 | 2004 | 2005 |
| 8 | 14 CFR parts 150 through 169 | 2005 | 2006 |
| 9 | 14 CFR parts 170 through 198 | 2006 | 2007 |
| 10 | 14 CFR parts 400 through 415 | 2007 | 2008 |
Year 3 (Fall 2000) List of Rules analyzed and a summary of the results
14 CFR 23 — Airworthiness standards: normal, utility, acrobatic, and commuter category airplanes
¤ Section 610; No SEIOSNOSE. This rule applies to a significant number of small entities but amendments over the past decade do not have a substantial economic impact. Accordingly, a periodic review was not required.
¤ 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; No SEIOSNOSE. This rule applies to a significant number of small entities but amendments over the past decade do not have a substantial economic impact. Accordingly, a periodic review was not required.
¤ 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; No SEIOSNOSE. This rule applies to a significant number of small entities but amendments over the past decade do not have a substantial economic impact. Accordingly, a periodic review was not required.
¤ 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 31 — Airworthiness standards: manned free ballons
¤ Section 610; No SEIOSNOSE. This rule applies to a significant number of small entities but amendments over the past decade do not have a substantial economic impact. Accordingly, a periodic review was not required.
¤ 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; No SEIOSNOSE. This rule applies to a significant number of small entities but amendments over the past decade do not have a substantial economic impact. Accordingly, a periodic review was not required.
¤ 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; No SEIOSNOSE. This rule applies to a significant number of small entities but amendments over the past decade do not have a substantial economic impact. Accordingly, a periodic review was not required.
¤ 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 part 35 — Airworthiness standards: propellers
¤ 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 part 36 — Noise standards; aircraft type and airworthiness certification
¤ 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 part 39 — Airworthiness directives
¤ 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 part 43 — Maintenance, preventive maintenance; rebuilding and alteration
¤ 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 part 45 — Identification and registration marking
¤ 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 part 47 — Aircraft registration
¤ 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 part 49 — Recording of aircraft titles and security documents
¤ 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.
Year 4 (Fall 2001) List of rules that will be analyzed during the next year
14 CFR part 61 — Certification: pilots, flight instructors and ground instructions
14 CFR part 63 — Certification: flight crewmembers other than pilots
14 CFR part 65 — Certification: airmen other than flight crewmembers
14 CFR part 67 — Medical standards and certification
14 CFR part 70 — Designation of class A, class B, class C, class D and class E airspace areas; airways routes and reporting points
14 CFR part 73 — Special use airspace
14 CFR part 77 — Objects affecting navigable airspace
*A description for this action will be included in the Spring 2002 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 |
| 1 | None | 1998 | 1999 |
| 2 | None | 1999 | 2000 |
| 3 | 23 CFR parts 450, 657 and 771 | 2000 | 2001 |
| 4 | 23 CFR parts 1-260 | 2001 | 2002 |
| 5 | 23 CFR parts 420, 460-480 | 2002 | 2003 |
| 6 | 23 CFR part 500 | 2003 | 2004 |
| 7 | 23 CFR parts 600-656, 658-669 | 2004 | 2005 |
| 8 | 23 CFR parts 710-924 | 2005 | 2006 |
| 9 | 23 CFR parts 1200-1252 | 2006 | 2007 |
| 10 | New parts and subparts | 2007 | 2008 |
Year 3 (Fall 2000) List of Rules analyzed and a summary of the results
23 CFR part 450 — Ongoing review of regulations governing Statewide and Metropolitan Transportation Planning
¤ The FHWA and the FTA received numerous comments to the docket in response to this NPRM. The agencies are currently reviewing the comments and discussing the options with the new Administration to determine what action should follow.
23 CFR part 657 — Ongoing review of certification of size and weight requirements
¤ Section 610: No SEIOSNOSE. This rule does not in any way have an impact on small governments or businesses as this regulation outlines the requirements that State governments follow in order to comply with the annual certification requirement in 23 U.S.C. 141.
¤ Plain language: In an upcoming rulemaking, the FHWA will rewrite the regulation using plain language.
¤ General: We are continuing our review of the type of information and data that should be submitted by the States in support of their annual certification of enforcement and will revise as appropriate.
23 CFR part 771— Ongoing review of regulations governing Assessment of Environmental Impact and Related procedures (NEPA Implementing Regulations)
¤ The FHWA and the FTA received numerous comments to the docket in response to this NPRM. The agencies are currently reviewing the comments and discussing the options with the new Administration to determine what action should follow.
Year 4 (Fall 2001) List of Rules that will be analyzed during the next year
23 CFR part 1 — General management and administration
23 CFR part 140 — Payment procedures
23 CFR part 172 — Administration of engineering and design related service contracts
23 CFR part 180 —Credit assistance for surface transportation projects
23 CFR part 190 — Incentive procedures for controlling outdoor advertising on the interstate system
23 CFR part 192 — Drug offenders driver's license suspension
23 CFR part 200 — Title IV program and related statutes-implementation and review procedures
23 CFR part 230 — External equal employment opportunity programs
23 CFR part 260 — Education and training programs
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. The FHWA solicits public comment on this preliminary conclusion.
The FHWA, jointly with the Federal Transit Administration, has issued notices of proposed rulemaking that would revise 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 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 (NPRM) for each of these regulations, the FHWA and FTA solicited comment on their potential for impact on small entities, including small governments. The FHWA and the FTA received numerous comments in response to these NPRMs and are currently reviewing the data and discussing the options under the guidance of the new administration. All issues pertaining to the potential for impact will be addressed in the final regulations.
| NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION | |||
|---|---|---|---|
| SECTION 610 AND OTHER REVIEWS | Year | Regulations to be Reviewed | Analysis Year | Review Year |
| 1 | 49 CFR parts 501 through 526 and 571.213 | 1998 | 1999 |
| 2 | 49 CFR parts 571.131 and 571.220 through 571.222 | 1999 | 2000 |
| 3 | 49 CFR parts 591 through 594 | 2000 | 2001 |
| 4 | 49 CFR parts 571.101 through 571.110 and 571.135 | 2001 | 2002 |
| 5 | 49 CFR parts 529 through 579, except part 571 | 2002 | 2003 |
| 6 | 49 CFR parts 571.111 through 571.129 and parts 580 through 590 | 2003 | 2004 |
| 7 | 49 CFR part 571.201 through 571.212 | 2004 | 2005 |
| 8 | 49 CFR parts 571.214 through 571.219 | 2005 | 2006 |
| 9 | 49 CFR parts 571.223 through 571.304, part 500 and new parts and subparts under 49 CFR | 2006 | 2007 |
| 10 | 23 CFR parts 1200's and 1300's and new parts and subparts under 23 CFR | 2007 | 2008 |
Year 3 (Fall 2000) List of Rules that will continue to 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
Year 4 (Fall 2001) List of Rules that will be analyzed during the next year
49 CFR parts 571.101 — Standard No. 101; Controls and displays
49 CFR parts 571.102 — Standard No. 102; Transmission shift lever sequence starter interlock, and transmission braking effect
49 CFR parts 571.103 — Standard No. 103; Windshield defrosting and defogging systems
49 CFR parts 571.104 — Standard No. 104; Windshield wiping and washing systems
49 CFR parts 571.105 — Standard No. 105; Hydraulic and electric brake systems
49 CFR parts 571.106 — Standard No. 106; Brake hoses
49 CFR parts 571.107 — Standard No. 107; [Reserved]
49 CFR parts 571.108 — Standard No. 108; lamps, reflective devices, and associated equipment
49 CFR parts 571.109 — Standard No. 109; New pneumatic tires
49 CFR parts 571.110 — Standard No. 110; Tire selection and rims
49 CFR parts 571.135 — Standard No. 135; Passenger car brake systems
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 |
| 1 | 49 CFR parts 200 through 201 | 1998 | 1999 |
| 2 | 49 CFR parts 207, 209, 211, 215, and 256 | 1999 | 2000 |
| 3 | 49 CFR parts 210, 212, 214, and 217 | 2000 | 2001 |
| 4 | 49 CFR parts 219 | 2001 | 2002 |
| 5 | 49 CFR parts 218 and 221 | 2002 | 2003 |
| 6 | 49 CFR parts 216 and 228 through 229 | 2003 | 2004 |
| 7 | 49 CFR parts 223 and 233 | 2004 | 2005 |
| 8 | 49 CFR parts 225, 231, and 234 | 2005 | 2006 |
| 9 | 49 CFR parts 235 through 236, 250, 260, and 266 | 2006 | 2007 |
| 10 | 49 CFR parts 213, 220, 230, 232, 239, 240, and 265 | 2007 | 2008 |
Year 3 (Fall 2000) List of Rules analyzed and a summary of the results
49 CFR part 210 — Railroad noise emission compliance regulations
¤ Section 610: No SEIOSNOSE. These are minimum compliance regulations for enforcement of noise emission standards established by EPA. To FRA's knowledge, the Railroad Noise Emission Compliance Regulation has not imposed any significant burden on any small railroads.
¤ Plain Language: FRA's plain language review of these rules indicates no need for substantial revision.
¤ General: Having a national uniform noise emission standard benefits small railroads to the extent local government authorities would otherwise seek to impose more stringent noise emission requirements. The existence of these standards provides uniformity and benefits the small railroads as a class.
49 CFR part 212 — State safety participation regulations
¤ Section 610: No SEIOSNOSE. These regulations establish standards and procedures for State participation in investigative and surveillance activities under the Federal railroad safety laws and regulations. The program is entirely voluntary, and the "regulated community" is composed of those States which choose to participate. No State is a "small entity" under any reasonable definition..
¤ Plain Language: FRA's plain language review indicates no need for substantial revision..
¤ General: FRA encourages States to participate in the program, and considers State inspectors an important element in the enforcement of Federal safety laws. Training and funding is provided by FRA to the States to offset the costs of participation. In addition, FRA employs a full-time State participation program manager to work with the States to encourage participation and assist in program implementation.
49 CFR part 214 — Railroad workplace safety
¤ Section 610: There is a SEIOSNOSE for subpart B. FRA will conduct a formal review to identify whether additional opportunities may exist to further reduce the burden on small railroads without compromising safety. No SEIOSNOSE for subpart C. Impacts on small entities are directly related to the volume of traffic on a right-of-way, and most small railroads have low enough volume to minimize the impact.
¤ Plain Language: FRA's plain language review indicates no need for substantial revision. As resources permit, FRA will make such changes as may be necessary.
¤ General: The existence of Federal workplace safety laws benefits small entities. In the absence of Federal laws, small railroads would be subject to a wide variety of State and local laws. Even the smallest of railroads might find it necessary to understand and comply with several different sets of laws from the jurisdictions in which they operate. Federal law preempts local laws in this area, and simplifies compliance on the part of the regulated community.
49 CFR part 217 — Railroad operating rules
¤ Section 610: No SEIOSNOSE. FRA finds that there is a continuing need to collect information on railroad operating rules and practices, in order to monitor changes in railroad operating practice. The required periodic inspections and employee training are important for safety.
¤ Plain Language: FRA's plain language review of these rules indicates no need for substantial revision. The regulation is clearly written.
¤ General: part 217 contains provisions to mitigate the burden on small entities by reducing their record filing and recordkeeping requirements
Year 4 (Fall 2001) List of Rules that will be analyzed during the next year
49 CFR part 219 — Alcohol and drug regulations
| FEDERAL TRANSIT ADMINISTRATION | |||
|---|---|---|---|
| SECTION 610 AND OTHER REVIEWS | Year | Regulations to be Reviewed | Analysis Year | Review Year |
| 1 | None | 1998 | 1999 |
| 2 | None | 1999 | 2000 |
| 3 | None | 2000 | 2001 |
| 4 | 49 CFR part 661 | 2001 | 2002 |
| 5 | 49 CFR part 665 | 2002 | 2003 |
Year 4 (Fall 2001) List of Rules that will be analyzed during the next year
49 CFR part 661 — Buy America requirements — Surface Transportation Assistance Act of 1982, as amended
| MARITIME ADMINISTRATION | |||
|---|---|---|---|
| SECTION 610 AND OTHER REVIEWS | Year | Regulations to be Reviewed | Analysis Year | Review Year |
| 1 | 46 CFR parts 201 through 207 | 1998 | 1999 |
| 2 | 46 CFR parts 221 through 232 | 1999 | 2000 |
| 3 | 46 CFR parts 249 through 295 | 2000 | 2001 |
| 4 | 46 CFR parts 298 | 2001 | 2002 |
| 5 | 46 CFR parts 307 through 310 | 2002 | 2003 |
| 6 | 46 CFR parts 315 through 399 | 2003 | 2004 |
| 7 | 46 CFR parts 340 and 347 | 2004 | 2005 |
| 8 | 46 CFR parts 349 through 380 | 2005 | 2006 |
| 9 | 46 CFR parts 381 through 387 | 2006 | 2007 |
| 10 | 46 CFR parts 390 through 391 | 2007 | 2008 |
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 affected, 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 affected, 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 initiate a rulemaking 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 affected, 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 affected, 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 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 analyzed and a summary of the results
46 CFR part 298 — Obligation Guarantees
¤ Section 610: No SEIOSNOSE. Some small entities may be affected, but the economic impact on small entities will not be significant.
¤ Plain Language: These regulations were rewritten in plain language in 2000.
¤ General: In 2000, MARAD amended part 298 by simplifying existing administrative practices governing ship financing guarantees. The revisions simplify the process for applicants. MARAD will continue to review these regulations and make additional changes when appropriate.
Year 5 (Fall 2002) List of Rules that will be analyzed during the next year
46 CFR part 307 — Establishment of mandatory position reporting system for vessels
46 CFR part 308 — War risk insurance
46 CFR part 309 — Values for war risk insurance
46 CFR part 310 — Merchant marine training
| RESEARCH AND SPECIAL PROGRAMS ADMINSTRATION | |||
|---|---|---|---|
| SECTION 610 AND OTHER REVIEWS | Year | Regulations to be Reviewed | Analysis Year | Review Year |
| 1 | 49 CFR sections 171.15, 171.16 (incident reports) | 1998 | 1999 |
| 2 | 49 CFR parts 106 and 107 (hazardous materials safety procedures), 171 (general hazmat requirements), 190 (pipeline safety procedures), and 195 (hazardous liquid pipeline corrosion control) | 1999 | 2000 |
| 3 | 49 CFR parts 174, 177 (rail and highway carriage) , 191 (gas pipeline transportation reports), and 192 (gas pipeline corrosion control) | 2000 | 2001 |
| 4 | 49 CFR parts 176 (vessel carriage) and 199 (pipeline employee drug and alcohol testing) | 2001 | 2002 |
| 5 | 49 CFR parts 172, 173, 174, 175, 176, 177, and 178 (radioactive material) | 2002 | 2003 |
| 6 | 49 CFR parts 172, 173, 174, 176, and 178 (explosives), and 193 (liquefied natural gas facilities), and parts 172, 173, 178, and 180 (cylinders) | 2003 | 2004 |
| 7 | 49 CFR 173 (shipper requirements) and 194 (onshore oil pipeline response plans) | 2004 | 2005 |
| 8 | 49 CFR parts 178 (non-bulk packaging) and 195 (hazardous liquid pipeline transportation) | 2005 | 2006 |
| 9 | 49 CFR parts 178 through 180 (bulk packaging) and 198 (State pipeline safety grants) | 2006 | 2007 |
| 10 | 49 CFR parts 172 (communications, emergency response, training and hazmat table) and 175 (air carriage) | 2007 | 2008 |
Year 3 (Fall 2000) List of Rules analyzed and a summary of the results
49 CFR part 174 — Carriage by rail
¤ Section 610: No SEIOSNOSE. While these requirements apply to a substantial number of small entities, they do not have a significant economic impact on those entities. For the most part, the operating requirements impose only minimal costs above costs incurred as a result of normal business practices. Further, the requirements have little or no impact on entry to or exit from the industry.
¤ Plain Language: As resources permit, RSPA will rewrite regulations using plain language techniques.
49 CFR part 177 — Carriage by public highway
¤ Section 610: No SEIOSNOSE. While these requirements apply to a substantial number of small entities, they do not have a significant economic impact on those entities. For the most part, the operating requirements impose only minimal costs above costs incurred as a result of normal business practices. Further, the requirements have little or no impact on entry to or exit from the industry.
¤ Plain Language: As resources permit, RSPA will rewrite regulations using plain language techniques.
49 CFR part 191 — Gas pipeline transportation reports
¤ Section 610: No SEIOSNOSE. The regulations do not impose any additional costs because they are consistent with current requirements for reporting of accidents and annual reporting.
¤ Plain Language: Plain language techniques will be used in the revisions to incident and annual reporting requirements.
¤ General: Reviewed incident and annual reporting requirements and will issue rules to improve cause categories and clarify requirements.
49 CFR part 192 — Gas pipeline corrosion control
¤ Section 610: No SEIOSNOSE. The regulations do not impose any additional costs because they are consistent with customary industry corrosion control and cathodic protection practices.
¤ Plain Language: Plain language techniques will be used in any amended regulations that result from rulemaking.
¤ General: Reviewed corrosion control regulations with state and industry experts; changes will be proposed to incorporate modern criteria for adequate corrosion protection.
Year 4 (Fall 2001) List of Rules that will be analyzed during the next year
49 CFR part 176 — Carriage by vessel
49 CFR part 199 — Pipeline employee drug and alcohol testing
| BUREAU OF TRANSPORTATION STATISTICS | |||
|---|---|---|---|
| SECTION 610 AND OTHER REVIEWS | Year | Regulations to be Reviewed | Analysis Year | Review Year |
| 1 | 14 CFR part 241, Form 41 | 1998 | 1999 |
| 2 | 14 CFR part 241, Schedule T-100, and part 217 | 1999 | 2000 |
| 3 | 14 CFR part 298, 49 CFR 1420 | 2000 | 2001 |
| 4 | 14 CFR part 241, section 19-7 | 2001 | 2002 |
| 5 | 14 CFR part 291 | 2002 | 2003 |
| 6 | 14 CFR part 234 | 2003 | 2004 |
| 7 | 14 CFR part 249 | 2004 | 2005 |
| 8 | 14 CFR part 248 | 2005 | 2006 |
| 9 | 14 CFR part 250 | 2006 | 2007 |
| 10 | 14 CFR part 374a, ICAO | 2007 | 2008 |
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 |
| 1 | 33 CFR parts 401 through 403 | 1998 | 1999 |
| Office of the Secretary—Proposed Rule Stage | Sequence Number | Title | Regulation Identification Number |
|---|---|---|
| 1682 | +Computer Reservations System Regulations Comprehensive Review | 2105-AC65 |
| 1683 | +Aviation Data Requirements Review and Modernization Program | 2105-AC71 |
| 1684 | Nondiscrimination on the Basis of Disability in Air Travel | 2105-AC97 |
| 1685 | Reporting Requirement for Air Carriers Regarding Disability-Related Complaints | 2105-AD04 |
| Office of the Secretary—Final Rule Stage | Sequence Number | Title | Regulation Identification Number |
|---|---|---|
| 1686 | +Direct Air Carrier Responsibility for Returning Stranded Charter Passengers | 2105-AA40 |
| 1687 | Air Travelers: Age Discrimination | 2105-AA45 |
| 1688 | Direct Flights | 2105-AA73 |
| 1689 | Diversion of Flights Within a Metropolitan Area | 2105-AA78 |
| 1690 | Simplified Aviation Exemption Procedures | 2105-AA82 |
| 1691 | Baggage Liability Notices in International Air Transportation | 2105-AA84 |
| 1692 | Simplified Airline Counter-Sign Notices | 2105-AA88 |
| 1693 | +Price Advertising | 2105-AB50 |
| 1694 | +Procedures for Transportation Workplace Drug-Testing Programs | 2105-AB71 |
| 1695 | +Transportation for Individuals With Disabilities (Accessibility Guidelines) | 2105-AC06 |
| 1696 | Use of Direct Final Rulemaking | 2105-AC11 |
| 1697 | Overbooking of Flights: Elimination of Airport Notice Signs | 2105-AC45 |
| 1698 | Fees and Charges for Special Services: Reinvention | 2105-AC47 |
| 1699 | Amendments to Modal Alcohol Testing Rules: Pre-Employment Testing | 2105-AC50 |
| 1700 | Nondiscrimination in Air Travel; Boarding Where Level-Entry Is Unavailable | 2105-AC81 |
| 1701 | +Uniform Administrative Requirements for Grants and Agreements With Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations | 2105-AC83 |
| 1702 | +Americans With Disabilities Act Accessibility Standards | 2105-AC86 |
| 1703 | Participation by Disadvantaged Business Enterprises in Department of Transportation Programs: Memorandum of Understanding With Small Business Administration; Uniform Forms and Other Revisions | 2105-AC88 |
| 1704 | Participation by Minority Business Enterprises in Department of Transportation Financial Assistance Programs: Threshold Requirements and Other Technical Revisions | 2105-AC89 |
| 1705 | Participation by Disadvantaged Business Enterprises in Department of Transportation Programs | 2105-AC91 |
| 1706 | Statement of Policy on Alternative Dispute Resolution | 2105-AC94 |
| 1707 | Nondiscrimination in Federally Assisted Programs | 2105-AC96 |
| 1708 | Over the Road Buses: Extension of Due Date for Information Collection | 2105-AC98 |
| 1709 | Standard Time Zone Boundary in the State of North Dakota: Morton County | 2105-AD03 |
| 1710 | Nondiscrimination on the Basis of Disability in Programs and Activities Receiving or Benefiting From Federal Financial Assistance; Transportation Services for Individuals With Disabilities (ADA) | 2105-AD05 |
| 1711 | +Procedures for Compensation of Air Carriers | 2105-AD06 |
| 1712 | Reporting Prohibited Communications | 2105-AD10 |
| Office of the Secretary—Long-Term Actions | Sequence Number | Title | Regulation Identification Number |
|---|---|---|
| 1713 | Policy Statement on Airline Preemption | 2105-AA46 |
| 1714 | +Statement of Enforcement Policy on Rebating | 2105-AB39 |
| 1715 | +Accessibility of Passenger Vessels to Individuals With Disabilities | 2105-AB87 |
| 1716 | Use of Oxygen by Air Carrier Passengers | 2105-AC29 |
| 1717 | +Domestic Passenger Manifest Information | 2105-AC62 |
| 1718 | Electronic Filing Option in DOT Proceedings | 2105-AC79 |
| 1719 | Governmentwide Debarment and Suspension (Nonprocurement) and Governmentwide Requirements for Drug-Free Workplace Grants | 2105-AD01 |
| 1720 | Governmentwide Debarment and Suspension (Nonprocurement) /Governmentwide Requirements for Drug-Free Workplace (Financial Assistance) | 2105-AD07 |
| 1721 | Supplemental Standards of Ethical Conduct for Employees of the Department of Transportation | 2105-AD08 |
| Office of the Secretary—Completed Actions | Sequence Number | Title | Regulation Identification Number |
|---|---|---|
| 1722 | Extension of Computer Reservations Systems Regulations | 2105-AD09 |
| Transportation Security Agency—Final Rule Stage | Sequence Number | Title | Regulation Identification Number |
|---|---|---|
| 1723 | +Imposition and Collection of Passenger Civil Aviation Security Fees | 2110-AA01 |
| 1724 | +Aviation Security Infrastructure Fees | 2110-AA02 |
| 1725 | +Civil Aviation Security Rules | 2110-AA03 |
| 1726 | +Security Programs for Aircraft Weighing 12,500 Pounds or More | 2110-AA04 |
| U.S. Coast Guard—Prerule Stage | Sequence Number | Title | Regulation Identification Number |
|---|---|---|
| 1727 | +Standards for Living Organisms in Ships' Ballast Water Discharged in U.S. Waters (USCG-2001-10486) | 2115-AG21 |
| U.S. Coast Guard—Proposed Rule Stage | Sequence Number | Title | Regulation Identification Number |
|---|---|---|
| 1728 | Claims Procedures Under the Oil Pollution Act of 1990 (CGD 91-035) | 2115-AD90 |
| 1729 | +Salvage and Marine Firefighting Requirements; Vessel Response Plans for Oil (USCG-1998-3417) | 2115-AF60 |
| 1730 | Deepwater Ports (USCG-1998-3884) | 2115-AF63 |
| 1731 | Allowing Alternative Source to Incandescent Light in Private Aids to Navigation (USCG-2000-7466) | 2115-AF98 |
| 1732 | +Vessel and Facility Response Plans for Oil: 2003 Removal Equipment Requirements and Alternative Technology Revisions (USCG-2001-8661) | 2115-AG05 |
| 1733 | +Post Casualty Drug and Alcohol Testing (USCG-2001-8773) | 2115-AG07 |
| 1734 | +Vessel Documentation: Lease Financing for Vessels Engaged in the Coastwise Trade (USCG-2001-8825) | 2115-AG08 |
| 1735 | Territorial Seas, Navigable Waters, Jurisdiction - Conforming Amendments (USCG-2001-9044) | 2115-AG13 |
| 1736 | Federal Requirements for Propeller Injury Avoidance Measures (USCG 2001-10163) | 2115-AG18 |
| 1737 | Update of Rules on Aids to Navigation affecting Buoys, Sound Signals, International Rules at Sea, Communications Procedures, and Large Navigational Buoys (USCG-2001-10714) | 2115-AG25 |
| 1738 | Marine Events: Permit Procedures (USCG-2001-10713) | 2115-AG26 |
| 1739 | Drawbridge Operations Regulations; Revisions (USCG-2001-10881) | 2115-AG27 |
| 1740 | Liferaft Servicing Intervals (USCG-2001-11118) | 2115-AG28 |
| 1741 | Rates for Pilotage on the Great Lakes (USCG-2002-11288) | 2115-AG30 |
| 1742 | Safety Zone for Outer Continental Shelf Facility in the Gulf of Mexico (CGD08-01-043) | 2115-AG31 |
| 1743 | Wearing of Personal Flotation Devices by Persons Operating or Riding on Personal Watercraft or Being Towed Behind Recreational Vessels (USCG-2002-11421) | 2115-AG32 |
| 1744 | Protection of Naval Vessels (LANT AREA-02-001 and PAC AREA-02-001) | 2115-AG33 |
| 1745 | Notifications of Arrival and Departure in Ports or Places in the United States | 2115-AG35 |
| 1746 | +Automatic Identification System Carriage Requirement (USCG-2002-11721) | 2115-AG36 |
| U.S. Coast Guard—Final Rule Stage | Sequence Number | Title | Regulation Identification Number |
|---|---|---|
| 1747 | Safety/Security Zone Regulations | 2115-AA97 |
| 1748 | Special Anchorage Areas/Anchorage Grounds Regulations | 2115-AA98 |
| 1749 | Reporting Marine Casualties (USCG-2000-6927) | 2115-AD98 |
| 1750 | Handling of Explosives or Other Dangerous Cargoes Within or Contiguous to Waterfront Facilities (USCG-1998-4302) | 2115-AE22 |
| 1751 | Regatta Regulations | 2115-AE46 |
| 1752 | Drawbridge Regulations | 2115-AE47 |
| 1753 | +Escort Vessels in Certain U.S. Waters (CGD 91-202a) | 2115-AE56 |
| 1754 | Regulated Navigation Areas | 2115-AE84 |
| 1755 | Numbering of Undocumented Barges (USCG-1998-3798) | 2115-AF13 |
| 1756 | Licensing and Manning for Officers of Towing Vessels (USCG 1999-6224) | 2115-AF23 |
| 1757 | Limited Service Domestic Voyage Load Lines for River Barges on Lake Michigan (USCG-1998-4623) | 2115-AF38 |
| 1758 | Outer Continental Shelf Activities (USCG-1998-3868) | 2115-AF39 |
| 1759 | Fire-Suppression Systems and Voyage Planning for Towing Vessels (USCG 2000-6931) | 2115-AF53 |
| 1760 | +Emergency Response Plans for Passenger Vessels (USCG-1998-3473) | 2115-AF61 |
| 1761 | +Improvements to Maritime Safety in Puget Sound-Area Waters (USCG-1998-4501) | 2115-AF68 |
| 1762 | Safety of Uninspected Passenger Vessels Under the Passenger Vessel Safety Act of 1993 (USCG-1999-5040) | 2115-AF69 |
| 1763 | Vessel Traffic Service Lower Mississippi River (USCG-1998-4399) | 2115-AF75 |
| 1764 | Barges Carrying Bulk Liquid Hazardous Material (USCG-1999-5117) | 2115-AF77 |
| 1765 | Anchorage Ground; Safety Zone; Speed Limit; Tongass Narrows and Ketchikan, AK (CGD17-99-002) | 2115-AF81 |
| 1766 | Training and Qualifications for Personnel on Passenger Ships (USCG 1999-5610) | 2115-AF83 |
| 1767 | Alternate Hull Examination Program for Certain Passenger Vessels, and Underwater Surveys for Passenger, Nautical School, and Sailing School Vessels (USCG-2000-6858) | 2115-AF95 |
| 1768 | Cargo Securing on Vessels Operating in U.S. Waters (USCG-2000-7080) | 2115-AF97 |
| 1769 | Notification of Arrival: Addition of Charterer to Required Information (USCG-2001-8659) | 2115-AG06 |
| 1770 | Electronic Chart Display and Information System (ECDIS) (USCG-2001-8826) | 2115-AG09 |
| 1771 | +Tank Level or Pressure Monitoring Devices (USCG-2001-9046) | 2115-AG10 |
| 1772 | Inspection and Enforcement of Coast Guard Regulations for Fixed Facilities by Minerals Management Service (USCG-2001-9045) | 2115-AG14 |
| 1773 | Revise Options for Responding to Notices of Violations (USCG-2001-9175) | 2115-AG15 |
| 1774 | Traffic Separation Scheme: In Prince William Sound, Alaska (USCG-2001-10254) | 2115-AG20 |
| 1775 | Safety Zones for Outer Continental Shelf Facilities in the Gulf of Mexico (CGD08-01-025) | 2115-AG22 |
| 1776 | Protection of Naval Vessels (LANT AREA-01-001 and PAC AREA-01-001) | 2115-AG23 |
| U.S. Coast Guard—Long-Term Actions | Sequence Number | Title | Regulation Identification Number |
|---|---|---|
| 1777 | +Discharge-Removal Equipment for Vessels Carrying Oil (CGD 90-068) | 2115-AD66 |
| 1778 | +Escort Vessels for Certain Tankers (CGD 91-202) | 2115-AE10 |
| 1779 | State Access to the Oil Spill Liability Trust Fund (CGD 92-014) | 2115-AE19 |
| 1780 | +Marine Transportation-Related Facility Response Plans for Hazardous Substances (USCG-1999-5705) | 2115-AE87 |
| 1781 | +Tank Vessel Response Plans for Hazardous Substances (USCG-1998-4354) | 2115-AE88 |
| 1782 | +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 |
| 1783 | Rules of Practice, Procedure, and Evidence for Administrative Proceedings of the Coast Guard (USCG 1998-3472) | 2115-AF59 |
| 1784 | Commercial Diving Operations (USCG-1998-3786) | 2115-AF64 |
| 1785 | +Alternate Tonnage Convention: Small Passenger Vessels | 2115-AG29 |
| 1786 | Port Security Plans | 2115-AG37 |
| 1787 | Facility Security Plan | 2115-AG38 |
| 1788 | Passenger Facility Security Plan | 2115-AG39 |
| 1789 | Maritime Security: Passenger Vessel Security | 2115-AG40 |
| 1790 | Maritime Security: High Consequence Vessels | 2115-AG41 |
| 1791 | Identification Credentials for Maritime Security | 2115-AG42 |
| U.S. Coast Guard—Completed Actions | Sequence Number | Title | Regulation Identification Number |
|---|---|---|
| 1792 | Permits for the Transportation of Municipal and Commercial Wastes (USCG-2000-7442) | 2115-AD23 |
| 1793 | Propeller Injury Prevention Aboard Rental Boats (USCG-2001-10299) | 2115-AF28 |
| 1794 | Carriage of Bulk Solid Materials Requiring Special Handling (USCG-2000-6932) | 2115-AF47 |
| 1795 | Implementation of the National Invasive Species Act of 1996 (USCG-1998-3423) | 2115-AF55 |
| 1796 | Pollution Prevention for Oceangoing Ships and Certain Vessels in Domestic Service (USCG-2000-7641) | 2115-AF56 |
| 1797 | Certification of Navigation Lights for Uninspected Commercial Vessels and Recreational Vessels (USCG 1999-6580) | 2115-AF70 |
| 1798 | Vessel Documentation (USCG-1998-4784) | 2115-AF71 |
| 1799 | Vapor Control Systems (USCG-1999-5150) | 2115-AF78 |
| 1800 | Mandatory Ship Reporting System off the Northeast and the Southeast Coasts of the United States (USCG-1999-5525) | 2115-AF82 |
| 1801 | Raising the Threshold of Property Damage for Reports of Accidents Involving Recreational Vessels (USCG-1999-6094) | 2115-AF87 |
| 1802 | Revision of Auxiliary Regulations (USCG-1999-6712) | 2115-AF94 |
| 1803 | Noxious Liquid Substances, Obsolete Hazardous Materials in Bulk, and Current Hazardous Materials in Bulk (USCG-2000-7079) | 2115-AF96 |
| 1804 | Wearing of Personal Flotation Devices (PFDs) by Certain Children Aboard Recreational Vessels (USCG-2000-8589) | 2115-AG04 |
| 1805 | Shipboard Marine Pollution Emergency Plans for Oil and/or Noxious Liquid Substances (USCG-2001-9174) | 2115-AG16 |
| 1806 | Alternate Compliance Program (USCG-2001-10164) | 2115-AG17 |
| 1807 | Portable Tanks and Intermediate Bulk Containers (USCG-2001-10180) | 2115-AG19 |
| 1808 | Technical and Formal Update of Rules on Officers and Seaman of the Merchant Marine (USCG-2002-11359) | 2115-AG34 |
| Federal Aviation Administration—Proposed Rule Stage | Sequence Number | Title | Regulation Identification Number |
|---|---|---|
| 1809 | +Improved Water Survival Equipment | 2120-AC72 |
| 1810 | +Retrofit of Improved Seats in Air Carrier Transport Category Airplanes | 2120-AC84 |
| 1811 | +Corrosion Control Program | 2120-AE92 |
| 1812 | +National Air Tour Safety Standards | 2120-AF07 |
| 1813 | +Flight Crewmember Duty Period Limitations, Flight Time Limitations, and Rest Requirements | 2120-AF63 |
| 1814 | +False and Misleading Statements Regarding Aircraft Parts | 2120-AG08 |
| 1815 | +Noise Limitations for Aircraft Operations in the Vicinity of Grand Canyon National Park | 2120-AG34 |
| 1816 | Licensing and Safety Requirements for Launch | 2120-AG37 |
| 1817 | +Child Restraint Systems | 2120-AG43 |
| 1818 | Revision of Air Carrier Crewmember and Training Regulations | 2120-AG57 |
| 1819 | Training in the Recognition of Hazardous Material | 2120-AG75 |
| 1820 | +Air Tour Operations in State of Hawaii | |