{"operation":"document","citation":"75 FR 21839","title":"Department Regulatory Agenda; Semiannual Summary","source_type":"rulemaking","agency":"Office of the Secretary","status":"proposed","official":true,"published_on":"2010-04-26","effective_on":null,"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.","machine_formats":{"json":"https://regulus.evalyn.ai/document/federal-register-2010-8987.json","markdown":"https://regulus.evalyn.ai/document/federal-register-2010-8987.md"},"app_url":"https://regulus.evalyn.ai/document/federal-register-2010-8987","source_url":"https://www.federalregister.gov/documents/2010/04/26/2010-8987/department-regulatory-agenda-semiannual-summary","body":"Federal Register, Volume 75 Issue 79 (Monday, April 26, 2010) [Federal Register Volume 75, Number 79 (Monday, April 26, 2010)] [Proposed Rules] [Pages 21839-21865] From the Federal Register Online via the Government Publishing Office [ www.gpo.gov ] [FR Doc No: 2010-8987] [[Page 21839]] ----------------------------------------------------------------------- Part XII Department of Transportation ----------------------------------------------------------------------- ###Semiannual Regulatory Agenda### [[Page 21840]] 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 and Chs. X-XII 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, 1200 New Jersey Avenue SE., 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 view additional information about the Department of Transportation's regulatory activities online, go to http://regs.dot.gov. 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 7, 2009 (74 FR 64470). The next one is scheduled for publication in the Federal Register in October 2010. The Internet is the basic means for disseminating the Unified Agenda. The complete Unified Agenda is available online at www.reginfo.gov, in a format that offers users a greatly enhanced ability to obtain information from the Agenda database. Because publication in the Federal Register is mandated for the regulatory flexibility agendas required by the Regulatory Flexibility Act (5 U.S.C. 602), DOT's printed agenda entries include only: 1. The Agency's agenda preamble; 2. Rules that are in the Agency's regulatory flexibility agenda, in accordance with the Regulatory Flexibility Act, because they are likely to have a significant economic impact on a substantial number of small entities; and 3. Any rules that the Agency has identified for periodic review under section 610 of the Regulatory Flexibility Act. Printing of these entries is limited to fields that contain information required by the Regulatory Flexibility Act's Agenda requirements. These elements are: Sequence Number; Title; Section 610 Review, if applicable; Legal Authority; Abstract; Timetable; Regulatory Flexibility Analysis Required; Agency Contact; and Regulation Identifier Number (RIN). Additional information (for detailed list see section heading ``Explanation of Information on the Agenda'') on these entries is available in the Unified Agenda published on the Internet. Significant/Priority Rulemakings The agenda covers all rules and regulations of the Department. We have classified rules as a DOT agency priority in the agenda if they are, essentially, very costly, controversial, or of substantial public interest under our Regulatory Policies and Procedures. All DOT agency priority rulemaking documents are subject to review by the Secretary of Transportation. If the Office of Management and Budget (OMB) decide a rule is subject to its review under Executive Order 12866, we have classified it as significant in the agenda. Explanation of Information on the Agenda The format for this agenda is required by a fall 2010 memorandum from the Office of Management and Budget. 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 [[Page 21841]] 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. Dated: March 22, 2010. Ray LaHood, Secretary of Transportation. Appendix A--Instructions for Obtaining Copies of Regulatory Documents To obtain a copy of a specific regulatory document in the agenda, you should communicate directly with the contact person listed with the regulation at the address below. We note that most, if not all, such documents, including the semiannual agenda, are available through the Internet at http://www.regulations.gov. See Appendix C for more information. (Name of contact person), (Name of the DOT agency), 1200 New Jersey Avenue SE., Washington, DC 20590. (For the Federal Aviation Administration, substitute the following address: Office of Rulemaking, ARM-1, 800 Independence Avenue SW., Washington, DC 20591). Appendix B--General Rulemaking Contact Persons The following is a list of persons who can be contacted within the Department for general information concerning the [[Page 21842]] rulemaking process within the various operating administrations. FAA - Rebecca MacPherson, Office of Chief Counsel, Regulations and Enforcement Division, 800 Independence Avenue SW., Room 915A, Washington, DC 20591; telephone (202) 267-3073. FHWA - Jennifer Outhouse, Office of Chief Counsel, 1200 New Jersey Avenue SE., Washington, DC 20590; telephone (202) 366-0761. FMCSA - Steven J. LaFreniere, Regulatory Ombudsman, 1200 New Jersey Avenue SE., Washington, DC 20590; telephone (202) 366-0596. NHTSA - Steve Wood, Office of Chief Counsel, 1200 New Jersey Avenue SE., Washington, DC 20590; telephone (202) 366-2992. FRA - Kathryn Shelton, Office of Chief Counsel, 1200 New Jersey Avenue SE., Room W31-214, Washington, DC 20590; telephone (202) 493-6063. FTA - Linda Lasley, Office of Chief Counsel, 1200 New Jersey Avenue SE., Room E56-202, Washington, DC 20590; telephone (202) 366-4063. SLSDC - Carrie Mann Lavigne, Chief Counsel, 1200 New Jersey Avenue SE., Washington, DC 20590; telephone (202) 366-0091. PHMSA - Patricia Burke, Office of Chief Counsel, 1200 New Jersey Avenue SE., Washington, DC 20590; telephone (202) 366-4400. MARAD - Christine Gurland, Office of Chief Counsel, Maritime Administration, 1200 New Jersey Avenue SE., Washington, DC 20590; telephone (202) 366-5157. RITA - Robert Monniere, Office of Chief Counsel, 1200 New Jersey Avenue SE., Washington, DC 20590; telephone (202) 366-5498. OST - Neil Eisner, Office of Regulation and Enforcement, 1200 New Jersey Avenue SE., Washington, DC 20590; telephone (202) 366- 4723. Appendix C--Public Rulemaking Dockets All comments via the Internet are submitted through the Federal Docket Management System (FDMS) at the following address: http:// www.regulations.gov. The FDMS allows the public to search, view, download, and comment on all Federal agency rulemaking documents in one central online system. The above referenced Internet address also allows the public to sign up to receive notification when certain documents are placed in the dockets. The public also may review regulatory dockets at, or deliver comments on proposed rulemakings to, the Dockets Office at 1200 New Jersey Avenue SE., Room W12-140, Washington, DC 20590, 1-800-647- 5527. Working Hours: 9-5. Appendix D--Review Plans for Section 610 and Other Requirements Part I-- The Plan General The Department of Transportation has long recognized the importance of regularly reviewing its existing regulations to determine whether they need to be revised or revoked. Our 1979 Regulatory Policies and Procedures require such reviews. We also have responsibilities under Executive Order 12866 ``Regulatory Planning and Review'' and section 610 of the Regulatory Flexibility Act to conduct such reviews. This includes the use of plain language techniques in new rules and considering its use in existing rules when we have the opportunity and resources permit its use. We are committed to continuing our reviews of existing rules and, if needed, will initiate rulemaking actions based on these reviews. Section 610 Review Plan Section 610 requires that we conduct reviews of rules that (1) have been published within the last 10 years and (2) have a ``significant economic impact on a substantial number of small entities'' (SEIOSNOSE). It also requires that we publish in the Federal Register each year a list of any such rules that we will review during the next year. The Office of the Secretary and each of the Department's Operating Administrations have a 10-year review plan. These reviews comply with section 610 of the Regulatory Flexibility Act. Other Review Plan(s) All elements of the Department, except for the Federal Aviation Administration (FAA), have also elected to use this 10-year plan process to comply with the review requirements of the Department's Regulatory Policies and Procedures and Executive Order 12866. Changes to the Review Plan Some reviews may be conducted earlier than scheduled. For example, to the extent resources permit, the plain language reviews will be conducted more quickly. Other events, such as accidents, may result in the need to conduct earlier reviews of some rules. Other factors may also result in the need to make changes; for example, we may make changes in response to public comment on this plan or in response to a Presidentially mandated review. If there is any change to the review plan, we will note the change in the following agenda. For any section 610 review, we will provide the required notice prior to the review. Part II-- The Review Process The Analysis Generally, the agencies have divided their rules into 10 different groups and plan to analyze one group each year. For purposes of these reviews, a year will coincide with the fall-to- fall schedule for publication of the agenda. Thus, Year 1 (2008) begins in the fall of 2008 and ends in the fall of 2009; Year 2 (2009) begins in the fall of 2009 and ends in the fall of 2010; and so on. We request public comment on the timing of the reviews. For example, is there a reason for scheduling an analysis and review for a particular rule earlier than we have? Any comments concerning the plan or particular analyses should be submitted to the regulatory contacts listed in Appendix B, General Rulemaking Contact Persons. Section 610 Review The Agency will analyze each of the rules in a given year's group to determine whether any rule has a SEIOSNOSE and, thus, requires review in accordance with section 610 of the Regulatory Flexibility Act. The level of analysis will, of course, depend on the nature of the rule and its applicability. Publication of agencies' section 610 analyses listed each fall in this agenda provides the public with notice and an opportunity to comment consistent with the requirements of the Regulatory Flexibility Act. We request that public comments be submitted to us early in the analysis year concerning the small entity impact of the rules to help us in making our determinations. In each fall agenda, the Agency will publish the results of the analyses it has completed during the previous year. For rules that had a negative finding on [[Page 21843]] SEIOSNOSE, we will give a short explanation (e.g., ``these rules only establish petition processes that have no cost impact'' or ``these rules do not apply to any small entities''). For parts, subparts, or other discrete sections of rules that do have a SEIOSNOSE, we will announce that we will be conducting a formal section 610 review during the following 12 months. At this stage, we will add an entry to the Agenda in the prerulemaking section describing the review in more detail. We also will seek public comment on how best to lessen the impact of these rules and provide a name or docket to which public comments can be submitted. In some cases, the section 610 review may be part of another unrelated review of the rule. In such a case, we plan to clearly indicate which parts of the review are being conducted under section 610. Other Reviews The Agency will also examine the specified rules to determine whether any other reasons exist for revising or revoking the rule or for rewriting the rule in plain language. In each fall agenda, the Agency will also publish information on the results of the examinations completed during the previous year. The FAA, in addition to reviewing its rules in accordance with the Section 610 Review Plan, has established a tri-annual process to comply with the review requirements of the Department's Regulatory Policies and Procedures, Executive Order 12866, and Plain Language Review Plan. The FAA's latest review notice was published November 15, 2007 (72 FR 64170). In that notice, the FAA requested comments from the public to identify those regulations currently in effect that it should amend, remove, or simplify. The FAA also requested the public provide any specific suggestions where rules could be developed as performance-based rather than prescriptive, and any specific plain language that might be used, and provide suggested language on how those rules should be written. The FAA will review the issues addressed by the commenters against its regulatory agenda and rulemaking program efforts and adjust its regulatory priorities consistent with its statutory responsibilities. At the end of this process, the FAA will publish a summary and general disposition of comments and indicate, where appropriate, how it will adjust its regulatory priorities. Part III-- List of Pending Section 610 Reviews The Agenda identifies the pending DOT Section 610 Reviews by inserting (Section 610 Review) after the title for the specific entry. For further information on the pending reviews, see the agenda entries at www.reginfo.gov. For example, to obtain a list of all entries that are Section 610 Reviews under the Regulatory Flexibility Act, a user would select the desired responses on the search screen (by selecting ``advanced search'') and, in effect, generate the desired ``index'' of reviews. OFFICE OF THE SECRETARY SECTION 610 AND OTHER REVIEWS ---------------------------------------------------------------------------------------------------------------- Analysis Year Regulations To Be Reviewed Year Review Year ---------------------------------------------------------------------------------------------------------------- 1 49 CFR parts 91 through 99 and 14 CFR parts 200 through 212............. 2008 2009 2 48 CFR parts 1201 through 1253 and new parts and subparts............... 2009 2010 3 14 CFR parts 213 through 232............................................ 2010 2011 4 14 CFR parts 234 through 254............................................ 2011 2012 5 14 CFR parts 255 through 298 and 49 CFR part 40......................... 2012 2013 6 14 CFR parts 300 through 373............................................ 2013 2014 7 14 CFR parts 374 through 398............................................ 2014 2015 8 14 CFR part 399 and 49 CFR parts 1 through 11........................... 2015 2016 9 49 CFR parts 17 through 28.............................................. 2016 2017 10 49 CFR parts 29 through 39 and parts 41 through 89...................... 2017 2018 ---------------------------------------------------------------------------------------------------------------- Year 1 (fall 2008) List of rules with ongoing analysis 49 CFR part 91 - International Air Transportation Fair Competitive Practices 49 CFR part 92 - Recovering Debts to the United States by Salary Offset 49 CFR part 93 - Aircraft Allocation 49 CFR part 95 - Advisory Committees 49 CFR part 98 - Enforcement of Restrictions on Post-Employment Activities 49 CFR part 99 - Employee Responsibilities and Conduct 14 CFR part 200 - Definitions and Instructions 14 CFR part 201 - Air carrier authority under subtitle VII of title 49 of the United States Code [Amended] 14 CFR part 203 - Waiver of Warsaw Convention liability limits and defenses 14 CFR part 204 - Data to support fitness determinations 14 CFR part 205 - Aircraft accident liability insurance 14 CFR part 206 - Certificates of public convenience and necessity: Special authorizations and exemptions 14 CFR part 207 - Charter trips by U.S. scheduled air carriers 14 CFR part 208 - Charter trips by U.S. charter air carriers 14 CFR part 211 - Applications for permits to foreign air carriers 14 CFR part 212 - Charter rules for U.S. and foreign direct air carriers Year 2 (fall 2009) List of rules that will be analyzed during the next year 48 CFR part 1201 - Federal acquisition regulations system [[Page 21844]] 48 CFR part 1202 - Definitions of words and terms 48 CFR part 1203 - Improper business practices and personal conflicts of interest 48 CFR part 1204 - Administrative matters 48 CFR part 1205 - Publicizing contract actions 48 CFR part 1206 - Competition requirements 48 CFR part 1207 - Acquisition planning 48 CFR part 1211 - Describing agency needs 48 CFR part 1213 - Simplified acquisition procedures 48 CFR part 1214 - Sealed bidding 48 CFR part 1215 - Contracting by negotiation 48 CFR part 1216 - Types of contracts 48 CFR part 1217 - Special contracting methods 48 CFR part 1219 - Small business programs 48 CFR part 1222 - Application of labor laws to government acquisitions 48 CFR part 1223 - Environment, energy and water efficiency, renewable energy technologies, occupational safety, and drug-free workplace 48 CFR part 1224 - Protection of privacy and freedom of information 48 CFR part 1227 - Patents, data, and copyrights 48 CFR part 1228 - Bonds and insurance 48 CFR part 1231 - Contract cost principles and procedures 48 CFR part 1232 - Contract financing 48 CFR part 1233 - Protests, disputes, and appeals 48 CFR part 1234 - [Reserved] 48 CFR part 1235 - Research and development contracting 48 CFR part 1236 - Construction and architect-engineer contracts 48 CFR part 1237 - Service contracting 48 CFR part 1239 - Acquisition of information technology 48 CFR part 1242 - Contract administration and audit services 48 CFR part 1245 - Government property 48 CFR part 1246 - Quality assurance 48 CFR part 1247 - Transportation 48 CFR part 1252 - Solicitation provisions and contract clauses 48 CFR part 1253 - Forms FEDERAL AVIATION ADMINISTRATION SECTION 610 REVIEW PLAN ---------------------------------------------------------------------------------------------------------------- Analysis Year Regulations To Be Reviewed Year Review Year ---------------------------------------------------------------------------------------------------------------- 1 14 CFR parts 119 through 129 and parts 150 through 156.................. 2008 2009 2 14 CFR parts 133 through 139 and parts 157 through 169.................. 2009 2010 3 14 CFR parts 141 through 147 and parts 170 through 187.................. 2010 2011 4 14 CFR parts 189 through 198 and parts 1 through 16..................... 2011 2012 5 14 CFR parts 17 through 33.............................................. 2012 2013 6 14 CFR parts 34 through 39 and parts 400 through 405.................... 2013 2014 7 14 CFR parts 43 through 49 and parts 406 through 415.................... 2014 2015 8 14 CFR parts 60 through 77.............................................. 2015 2016 9 14 CFR parts 91 through 105............................................. 2016 2017 10 14 CFR parts 417 through 460............................................ 2017 2018 ---------------------------------------------------------------------------------------------------------------- The FAA has elected to use the two-step, 2-year process used by most DOT modes in past plans. As such, the FAA has divided its rules into 10 groups as displayed in the table below. During the first year (the ``analysis year''), all rules published during the previous 10 years within a 10 percent block of the regulations will be analyzed to identify those with a SEIOSNOSE. During the second year (the ``review year''), each rule identified in the analysis year as having a SEIOSNOSE will be reviewed in accordance with section 610(b) to determine if it should be continued without change or changed to minimize impact on small entities. Results of those reviews will be published in the DOT semiannual regulatory agenda. Tri-Annual Review Plan The FAA, in addition to reviewing its rules in accordance with the Section 610 Review Plan, has established a tri-annual process to comply with the review requirements of the Department's Regulatory Policies and Procedures, Executive Order 12866, and Plain Language Review Plan. Our latest review notice was published November 15, 2007 (72 FR 64170). In that notice, we requested comments from the public to identify those regulations currently in effect that we should amend, remove, or simplify. We also requested the public provide any specific suggestions [[Page 21845]] where rules could be developed as performance-based rather than prescriptive, and any specific plain language that might be used, and provide suggested language on how those rules should be written. The FAA will review the issues addressed by the commenters against its regulatory agenda and rulemaking program efforts and adjust its regulatory priorities consistent with its statutory responsibilities. At the end of this process, the FAA will publish a summary and general disposition of comments and indicate, where appropriate, how we will adjust our regulatory priorities. Year 1 (2008) List of rules analyzed and summary of results 14 CFR part 119 - Certification: Air Carriers and Commercial Operators Section 610: The Agency conducted a Section 610 Review of this part and found no amendments with a SEIOSNOSE. 14 CFR part 121 - Operating Requirements: Domestic, Flag, and Supplemental Operations Section 610: The Agency conducted a Section 610 Review of this part and found six amendments that could have a SEIOSNOSE. Amendment No. 121-216 Amendment No. 121-216 removed the requirement that windshear flight guidance equipment be installed on older airplanes; amended the provision allowing for an extended compliance period based on an approved airplane retrofit schedule; and provided for acceptance of alternative airplane equipment in the form of an approved airborne windshear detection and avoidance system (predictive systems). The final rule allowed certificate holders to install windshear equipment in coordination with the installation of traffic alert and collision avoidance system (TCAS II) equipment, thereby reducing the prospect that carriers would have to divert critical maintenance resources from other safety programs. Original FAA finding: This amendment primarily was in response to an Air Transport Association (ATA) petition to the FAA, dated June 1, 1989, to amend the windshear rule to exclude certain older airplanes from the flight guidance systems requirements and to extend the compliance date. The FAA determined that ATA's petition had merit and issued amendment No. 121-216. In doing so, the FAA found that there would be a significant beneficial economic impact on a substantial number of small nonscheduled part 121 certificate holders due to the cost relief from not having to install the equipment on certain older aircraft. Finding of this 5 U.S.C. section 610 analysis and review: The benefits to small entities of amendment No. 121-216 have probably diminished over time. However, the original FAA finding of a positive SEIOSNOSE should still stand. Amendment No. 121-269 Amendment No. 121-269 upgraded the fire safety standards for cargo or baggage compartments in certain transport category airplanes by eliminating Class D compartments as an option for future type certification. Original FAA finding: The FAA found that this amendment would have a SEIOSNOSE. The FAA conducted an exhaustive analysis of potential alternatives to seek possible ways of mitigating the burden on small entities and still provide an equivalent level of safety. In its analysis, the Agency considered several alternatives that ranged from relatively low-cost, purely preventive approaches (e.g., banning certain types of material from air transport), to mitigating approaches such as: (1) Retrofit of detection systems only; (2) a requirement for detection systems on newly manufactured aircraft only; (3) a requirement for detection and/or suppression systems for extended over water operations only; (4) retrofit of detection and suppression systems; (5) a requirement for detection and suppression systems on newly manufactured aircraft only; and (6) logical combinations of these alternatives. Finding of this 5 U.S.C. section 610 analysis and review: During the comment period, the FAA did not receive any comments that indicated that the amendment would place small part 121 operators at a competitive disadvantage relative to large part 121 operators or that there were alternatives that could provide the same level of safety benefit at reduced costs to small operators. Moreover, no analysis was submitted that indicated that fire safety risks for small part 121 carriers differed from those large part 121 carriers. Therefore, even though this amendment did have a SEIOSNOSE, it was necessary in order to achieve the level of safety sought by this rule action. Amendment No. 121-282 Amendment No. 121-282 required design approval holders of certain turbine-powered transport category airplanes, and of any subsequent modifications to these airplanes, to substantiate that the design of the fuel tank system precluded the existence of ignition sources within the airplane fuel tanks. It also required developing and implementing maintenance and inspection instructions to assure the safety of the fuel tank system. For new type designs, this amendment also required demonstrating that ignition sources could not be present in fuel tanks when failure conditions were considered, identifying any safety- critical maintenance actions, and incorporating a means either to minimize development of flammable vapors in fuel tanks or to prevent catastrophic damage if ignition did occur. Original FAA finding: The FAA determined that this amendment would have a SEIOSNOSE. The FAA identified 143 air carriers that would be impacted by this amendment. Of the 143 impacted air carriers, 107 were small airlines. Finding of this 5 U.S.C. section 610 analysis and review: In order to mitigate the costs to the extent possible without reducing the effectiveness of the amendment, the FAA extended operator compliance time from 18 months to 36 months. In addition, the Agency determined that fewer fuel tank re-inspections would be needed than originally estimated in the NPRM. The net result of these modifications was to reduce the overall cost impact from $172.2 million to $126.6 million (in 2000 dollars), a 26.4 percent reduction. The FAA was not able to identify any other alternatives that could reduce the cost impact to small entities and still achieve the desired safety results. A review of the petition for exemption history revealed that no relief was sought from this amendment since its issuance. [[Page 21846]] Amendment No. 121-284 Amendment No. 121-284 (67 FR 72726) required airplanes operated under part 121 to undergo inspections and records reviews by the Administrator or a designated representative after their 14th year in service and at specified intervals thereafter. This amendment also prohibited operation of those airplanes after specified deadlines unless damage-tolerance-based inspections and procedures were included in their maintenance or inspection programs. This amendment represented a critical step toward compliance with the Aging Aircraft Safety Act of 1991. Original FAA finding: The FAA conducted a full regulatory flexibility analysis to assess the impact of this amendment on small entities. The FAA determined that 58 small part 121 carriers would be impacted by this amendment. Two of these were estimated to incur annualized costs greater than 1 percent of annual revenues. A step the FAA took to significantly lower compliance costs on the carriers, including small entities, was to lengthen the time period between required inspections from 5 years to 7 years. This longer period was expected to lower compliance costs to operators by enabling them to schedule the required inspections during heavy maintenance checks. To further assist carriers in complying with the requirements, the FAA also issued an advisory circular to provide guidance for complying with a damage-tolerance supplemental structural inspections program (DT-SSIP). Finding of this 5 U.S.C. section 610 analysis and review: A review of the petition for exemption records indicated that no one sought relief from these requirements since they were implemented. The FAA took actions to minimize the costs on small entities to the extent that it thought was possible and still meet the objectives of the Aging Aircraft Safety Act. Based on the comments it received in response to this interim final rule, the FAA took further steps in amendment No. 121-284 (70 FR 5517). Amendment No. 121-297 Amendment No. 121-297 introduced airplane weight and performance characteristics as the basis for collision avoidance system requirements to capture cargo airplanes weighing more than 33,000 pounds maximum certificated takeoff weight (MCTOW). This action was mandated by the Wendell H. Ford Aviation Investment and Reform Act (AIR-21), enacted April 5, 2000, to take measures to reduce the risk and collateral damage of a mid-air collision involving a cargo airplane. Original FAA finding: The FAA found that this amendment would have a SEIOSNOSE. The FAA identified 24 all cargo turbine-powered fleet operators who would be impacted by this amendment. Eleven, or roughly 46 percent, of these operators were determined to be significantly impacted. The FAA identified seven all cargo piston-powered operators who would be impacted by this amendment. Six, or 86 percent, of these operators were determined to be significantly impacted. The Agency believed that a compliance cost of 2 percent or less of a firm's revenue was affordable. The costs to these firms exceeded this level. Due to the congressional mandate, the FAA was limited in what actions it could take to mitigate the impact on small entities. The Agency was able, however, to reduce the TCAS requirement from TCAS II to TCAS I for piston-powered airplanes to mitigate some of the costs to operators of those airplanes. It also eliminated the requirement for TCAS I in turbine-powered airplanes of less than 33,000 pounds maximum certificated takeoff weight. Finally, the FAA set the rule's compliance date at the latest date allowed by the congressional mandate. Taken together, these measures were viewed as the upper level of the extent to which the FAA could mitigate cost impacts on small entities and still achieve the goals of the legislation. Finding of this 5 U.S.C. section 610 analysis and review: Between April 2003 and January 2005, the FAA received five petitions from small entities for exemption from the TCAS requirements of this amendment. Two of these exemptions were denied because they sought relief strictly on the basis of economic impact and did not differ in any material way from other similar requests that had been denied in the past for airplanes involved in non-cargo operations. Three exemptions were granted because they were found to be necessary to ensure that needed services in Alaska would not be disrupted and doing so would not adversely impact safety. The original FAA finding of a SEIOSNOSE held true but should be fully diminished as the compliance date is 4 years past. Amendment No. 121-340 Amendment No. 121-340 established a performance-based set of requirements that set acceptable flammability exposure values in tanks most prone to explosion or required the installation of an ignition mitigation means in an affected fuel tank. Original FAA finding: The FAA determined that this amendment would have a SEIOSNOSE. The FAA identified 14 small air carriers that would be affected. Of these 14, 3 were found to be affected significantly. This determination was based","truncated":true,"body_characters":133189}