[No title available]

Passage 1[Federal Register Volume 74, Number 89 (Monday, May 11, 2009)] [Proposed Rules] [Pages 21969-21990] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: E9-10277] ----------------------------------------------------------------------- ----------------------------------------------------------------------- _______________________________________________________________________ 49 CFR Subtitle A, Chs. I-VI and Chs. X-XII Department Regulatory Agenda; Semiannual Summary _______________________________________________________________________ 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. 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. 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. 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#

Passage 2Improvement 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 November 24, 2008 (73 FR 71402). The next one is scheduled for publication in the Federal Register in October 2009. 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: 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.#

Passage 3Printing 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. 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 a spring 2009 memorandum from the Office of Management and Budget. First, the agenda is divided by initiating offices. Then, the agenda is#

Passage 4divided 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.#

Passage 5In 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. 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. 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. 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.#

Passage 6Executive 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. 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. 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), Federal Highway Administration, 1200 New Jersey Avenue SE., Washington, DC 20590. Federal Motor Carrier Safety Administration (FMCSA) LaKisha Pearson, Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590. Michelle Silva, Docket Clerk, Federal Railroad Administration, 1200 New Jersey Avenue SE., Room W31-109, Washington, DC 20590; telephone (202) 493-6030. National Highway Traffic Safety Administration (NHTSA) (Name of contact person), National Highway Traffic Safety Administration, 1200 New Jersey Avenue SE., Washington, DC 20590.#

Passage 7(Name of contact person), Federal Transit Administration, 1200 New Jersey Avenue SE., Washington, DC 20590. Saint Lawrence Seaway Development Corporation (SLSDC) (Name of contact person), Saint Lawrence Seaway Development Corporation, 1200 New Jersey Avenue SE., Washington, DC 20590. Pipeline and Hazardous Materials Safety Administration (PHMSA) (Name of contact person), Pipeline and Hazardous Materials Safety Administration (PHMSA), 1200 New Jersey Avenue SE., Washington, DC 20590. Kimberly Lewis, Maritime Administration, 1200 New Jersey Avenue SE., Washington, DC 20590, (202) 366-5158. The Research and Innovative Technology Administration (RITA) (Name of contact person), The Research and Innovative Technology Administration (RITA),1200 New Jersey Avenue SE., Washington, DC 20590. To obtain a copy of a specific Federal Aviation Administration (FAA) regulatory document in the agenda, you should communicate directly with the contact person listed with the regulation at the address or telephone number listed; access the FAA's Regulations and Policies web page at http://www.faa. gov/regulations--policies/ ; call (202) 267-9680; or write to us at Federal Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence Avenue SW., Washington, DC 20591. 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, 1200 New Jersey Avenue SE., 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. 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. LaFreviere, 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.#

Passage 8FRA - 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. 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.#

Passage 9Section 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. 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. 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.#

Passage 10The 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 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. 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.#

Passage 11The 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#

Passage 125 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 that will be analyzed during the next year 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#

Passage 13FEDERAL 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 ----------------------------------------------------------------------------------------------------------------#

Passage 14The 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 above. 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 SEIONOSE 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. Year 10 (fall 2007) List of rules analyzed and summary of the results 14 CFR part 91 - General Operating and Flight Rules Section 610: The agency has conducted a 610 Review for this part and found three Amendments with SEIOSNOSE. Amendment No. 91-203 Amendment No. 91-203, pursuant to two legislative mandates, established requirements for an aircraft to have an operating transponder (basic transponder or Mode S transponder) with automatic altitude reporting equipment (Mode C transponder) when operating in the vicinity of certain primary airports for which a terminal radar approach control service area had been established and in other airspace at and above 10,000 feet mean sea level. The Airport and Airway Safety and Capacity Expansion Act of 1987 (Pub. L. 100-223, Dec. 30, 1987) required the FAA to issue regulations requiring the use of a transponder with Mode C capability in terminal airspace above a minimum altitude to be determined by the FAA. These revisions were intended to reduce the potential for midair collisions between aircraft under the control of air traffic control (ATC) and those that chose to operate without ATC assistance.#

Passage 15Original FAA finding: Initially, the FAA found that this amendment would not have a SEIOSNOSE. However, during the NPRM phase of this rulemaking, the FAA received numerous comments suggesting that the proposed rules would significantly impact small businesses. The FAA received many comments from private airports, state aviation organizations, and private trade associations that indicated there would be a significant economic impact to private and public airports, as well as fixed based operators at those airports. Comments from businesses engaged in aerial agriculture and pest control, as well as aerial advertising, indicated that the proposed rules would have significant economic impact on these businesses also. Therefore, the FAA reconsidered its finding and agreed that the comments indicated that there would be a SEIOSNOSE. To mitigate the impact on small entities, the FAA considered three alternative approaches to this rulemaking: (1) Delay implementation for a longer period; (2) establish different standards for small entities; and (3) design the airspace to minimize the impact. The FAA rejected the second and third approaches because it found them to be contrary to the legislative mandates, inequitable, and would result in a diminished safety benefit. The FAA recognized the economic benefit in delaying the implementation of this amendment for a longer period of time to allow for an increase in the supply of the required avionics that should lower the cost of this equipment. However, the FAA stated that the safety need was so great that it was necessary to move forward with the regulations. Therefore, instead of completely delaying the implementation date, the FAA implemented the regulations in two phases over a period of 18 months. Finding of this 5 U.S.C. section 610 analysis and review: Although the FAA attempted to mitigate the economic impact on small entities by delaying the implementation period, compliance with the amendment still imposes a SEIOSNOSE. Therefore, based on this periodic analysis of the current impact of amendment No. 91-203 on small entities, there continues to be a SEIOSNOSE. No changes are needed because these regulations are mandated by statute and impose the least burden.#

Passage 16Amendment No. 91-263 required that certain airplanes be equipped with an FAAapproved terrain awareness and warning system (TAWS) (also referred to as an enhanced ground proximity warning system). It is an operating rule that affects all U.S.-registered turbine-powered airplanes with six or more passenger seats (exclusive of pilot and copilot seating). The rule promotes safety by increasing the warning times and situational awareness of flight crews to decrease the risk of controlled flight into terrain accidents. Original FAA finding: The FAA determined that this amendment would have a SEIOSNOSE. The FAA noted that the types of entities potentially affected by this rule would include manufacturers of transport category airplanes, manufacturers of ground proximity warning equipment, scheduled air carriers, and nonscheduled air carriers. The small entities that operate under part 91 that were expected to be impacted by this rule would include corporate, business, personal, instruction, aerial application, and local governments. The FAA estimated that the fleet of aircraft to which the rule would apply would be approximately 6,000 turbojets and 6,000 turboprops. The small entities associated with this size fleet constituted a substantial number and the cost impact was considered to be potentially significant. Therefore, the FAA took measures to mitigate the economic impact on small entities. The FAA made efforts to reduce the impact on these potentially affected small entities by requiring a substantially less expensive and easier to install TAWS for part 91 operators. The FAA determined that there are two classes of TAWS equipment that can provide the desired level of safety: Class A, which includes a terrain situational awareness display, and Class B, which includes only the basic TAWS safety features. The FAA allowed part 91 operators to achieve the desired safety levels by installing the less expensive Class B TAWS equipment. This approach significantly reduced the cost of compliance to small entities, and still met the rule's safety goals.#

Passage 17Finding of this 5 U.S.C. section 610 analysis and review: Although the FAA attempted to reduce the impact on the potentially affected small entities by requiring a substantially less expensive and easier to install TAWS for part 91 operators, compliance with the amendment still imposes a SEIOSNOSE. Therefore, based on this periodic analysis of the current impact of amendment No. 91-263 on small entities, there continues to be a SEIOSNOSE. The benefits justify their costs and the regulations impose the least burden while still meeting the rule's safety goals. Amendment No. 91-276 (Reduced Vertical Separation Minimum in Domestic United States Airspace) Amendment No. 91-276, Reduced Vertical Separation Minimum in Domestic United States Airspace, expanded Reduced Vertical Separation Minimum (RVSM) operations to aircraft operating between 29,000 and 41,000 feet in the airspace of the contiguous 48 States of the United States and the District of Columbia, Alaska, that portion of the Gulf of Mexico where the FAA provides air traffic services, the San Juan Flight Information Region (FIR), and the airspace between Florida and the San Juan FIR. The amendment also required any aircraft that is equipped with TCAS II and flown in RVSM airspace to incorporate a version of TCAS II software that is compatible with RVSM operations. The goals of this amendment were to assist aircraft operators to save fuel and time, to enhance air traffic control flexibility, and to enhance airspace capacity. Original FAA finding: The FAA initially determined that this amendment would have a SEIOSNOSE. The FAA found through analysis that approximately 380 small operators would be significantly impacted by this amendment. These small operators were expected to experience some disadvantages relative to large transport carriers, such as less flexibility for rotating their fleets through the RVSM approval process without a disruption in service, or suffering a significant fuel penalty by continuing to operate below 29,000 feet if electing to not upgrade or to delay aircraft upgrade plans. Therefore, the FAA considered alternatives to mitigate the economic impact on these small entities.#

Passage 18To reduce this economic impact, the FAA considered several alternative approaches to this rulemaking, including not enforcing the rule on small entities. Under this scenario, small operators would avoid $285.5 million in upgrade costs and downtime costs, but safety would be compromised as a result of some 2,400 non-approved aircraft operating in the RVSM stratum. Therefore, the FAA rejected this alternative. The FAA also considered a phased implementation of RVSM alternative to give small entities greater flexibility. It considered implementation of RVSM for a smaller band such as 33,000 to 37,000 feet with eventual expansion to the full RVSM envelope of 29,000 to 41,000 feet. This alternative was rejected on the basis of simulations that revealed system safety and airspace management were negatively impacted when RVSM was applied in any altitude band other than 29,000 to 41,000 feet. In addition, controller workload, the potential for controller error, and operational complexity all increased. The FAA rejected this alternative in favor of the rule, as well. The FAA concluded that the final rule represented the best balance of costs and benefits for airspace users and air traffic providers without a reduction in aviation safety. Finding of this 5 U.S.C. section 610 analysis and review: Since promulgation of this rule, circumstances have remained such that there is a continued need for the rule as implemented. Small entities retain the option of not upgrading their equipment to take advantage of RVSM operations and continuing to operate below 29,000 feet if they feel this is more to their advantage. However, based on this periodic analysis of the current impact of amendment No. 91-276, Reduced Vertical Separation Minimum in Domestic United States Airspace, on small entities, there continues to be a SEIOSNOSE. The FAA concludes that the final rule represents the best balance of costs and benefits for airspace users and air traffic providers without a reduction in aviation safety.#

Passage 19FEDERAL HIGHWAY ADMINISTRATION SECTION 610 AND OTHER REVIEWS ---------------------------------------------------------------------------------------------------------------- Analysis Year Regulations To Be Reviewed Year Review Year ---------------------------------------------------------------------------------------------------------------- 1 None.................................................................... 2008 2009 2 23 CFR parts 1 through 260.............................................. 2009 2010 3 23 CFR parts 420 through 470............................................ 2010 2011 4 23 CFR part 500......................................................... 2011 2012 5 23 CFR parts 620 through 637............................................ 2012 2013 6 23 CFR parts 645 through 669............................................ 2013 2014 7 23 CFR parts 710 through 924............................................ 2014 2015 8 23 CFR parts 940 through 973............................................ 2015 2016 9 23 CFR parts 1200 through 1252.......................................... 2016 2017 10 New parts and subparts.................................................. 2017 2018 ---------------------------------------------------------------------------------------------------------------- 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 I of title 23 of the U.S.C. Section 145 of title 23 expressly provides for a federally assisted State program. For this reason, the regulations adopted by the FHWA in title 23 of the CFR primarily relate to the requirements that States must meet to receive Federal funds for 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.#

Passage 20FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION SECTION 610 AND OTHER REVIEWS ---------------------------------------------------------------------------------------------------------------- Analysis Year Regulations To Be Reviewed Year Review Year ---------------------------------------------------------------------------------------------------------------- 1 49 CFR parts 372, subpart A, and 381.................................... 2008 2009 2 49 CFR parts 386, 389, and 395.......................................... 2009 2010 3 49 CFR parts 325, 388, 350, and 355..................................... 2010 2011 4 49 CFR parts 380 and 382 to 385......................................... 2011 2012 5 49 CFR parts 390 to 393 and 396 to 399.................................. 2012 2013 6 49 CFR parts 356, 367, 369 to 371, 372, subparts B-C.................... 2013 2014 7 49 CFR parts 373, 374, 376, and 379..................................... 2014 2015 8 49 CFR parts 360, 365, 366, and 368..................................... 2015 2016 9 49 CFR parts 377, 378, and 387.......................................... 2016 2017 10 49 CFR parts 303, 375, and new parts and subparts....................... 2017 2018 ---------------------------------------------------------------------------------------------------------------- Year 1 (fall 2008) List of rules that will be analyzed during the next year 49 CFR part 372, subpart A - Exemptions 49 CFR part 381 - Waivers, exemptions, and pilot programs Year 10 (fall 2007) List of rules analyzed and a summary of results 49 CFR part 375 - Transportation of Household Goods in Interstate Commerce; Consumer Protection regulations Section 610: An ongoing review of the regulations indicates there is a SEIONOSE. This part applies to small household goods firms that are engaged in interstate operations. General: The Agency will assess the need for changes once the review of these regulations is complete. FMCSA's plain language review of these regulations indicates no need for substantial revision. 49 CFR part 395 - Hours of Service of Drivers#

Passage 21NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION SECTION 610 AND OTHER REVIEWS ---------------------------------------------------------------------------------------------------------------- Analysis Year Regulations To Be Reviewed Year Review Year ---------------------------------------------------------------------------------------------------------------- 1 49 CFR 571.223 through 571.500, and parts 575 and 579................... 2008 2009 2 23 CFR parts 1200 and 1300.............................................. 2009 2010 3 49 CFR parts 501 through 526 and 571.213................................ 2010 2011 4 49 CFR 571.131, 571.217, 571.220, 571.221, and 571.222.................. 2011 2012 5 49 CFR 571.101 through 571.110, and 571.135, 571.138 and 571.139........ 2012 2013 6 49 CFR parts 529 through 578, except parts 571 and 575.................. 2013 2014 7 49 CFR 571.111 through 571.129 and parts 580 through 588................ 2014 2015 8 49 CFR 571.201 through 571.212.......................................... 2015 2016 9 49 CFR 571.214 through 571.219, except 571.217.......................... 2016 2017 10 49 CFR parts 591 through 595 and new parts and subparts................. 2017 2018 ----------------------------------------------------------------------------------------------------------------#

Passage 22Year 1 (fall 2008) List of rules that will be analyzed during the next year 49 CFR part 571.223 - Standard No. 223; Rear impact guards 49 CFR part 571.224 - Standard No. 224; Rear impact protection 49 CFR part 571.225 - Standard No. 225; Child restraint anchorage systems 49 CFR part 571.301 - Standard No. 301; Fuel system integrity 49 CFR part 571.302 - Standard No. 302; Flammability of interior materials 49 CFR part 571.303 - Standard No. 303; Fuel system integrity of compressed natural gas vehicles 49 CFR part 571.304 - Standard No. 304; Compressed natural gas fuel container integrity 49 CFR part 571.305 - Standard No. 305; Electric-powered vehicles: electrolyte spillage and electrical shock protection 49 CFR part 571.401 - Standard No. 401; Interior trunk release 49 CFR part 571.403 - Standard No. 403; Platform lift systems for motor vehicles 49 CFR part 571.404 - Standard No. 404; Platform lift installations in motor vehicles 49 CFR part 571.500 - Standard No. 500; Low-speed vehicles 49 CFR part 575 - Consumer information 49 CFR part 579 - Reporting of Information And Communications About Potential Defects Plan for Evaluating the Effectiveness of Vehicle and Behavioral Programs, 2008-2012 In addition to reviewing its rules in accordance with the Section 610 Review Plan, NHTSA issued an Evaluation Program Plan, 2008-2012, on August 21, 2008. This document describes the Office of Regulatory Analysis and Evaluation's ongoing and planned evaluations of existing Federal Motor Vehicle Safety Standards and other vehicle-safety, behavioral-safety and consumer programs. It also summarizes the results of completed program evaluations. On August 29, 2008, NHTSA also issued a notice in the Federal Register (page 51045) inviting public comment on the plan. You may review this plan at http://www-nrd.nhtsa.dot.gov/ Pubs/810983.PDF. You may review the Federal Register notice at http:// edocket.access.gpo.gov/2008/pdf/E8-20061.pdf or in HTML format at http://edocket.access.gpo.gov/2008/E8-20061.htm.#

Passage 23FEDERAL RAILROAD ADMINISTRATION SECTION 610 AND OTHER REVIEWS ---------------------------------------------------------------------------------------------------------------- Analysis Year Regulations To Be Reviewed Year Review Year ---------------------------------------------------------------------------------------------------------------- 1 49 CFR parts 200 and 201............................................... 2008 2009 2 49 CFR parts 207, 209, 211, 215, 238, and 256.......................... 2009 2010 3 49 CFR parts 210, 212, 214, 217, and 268............................... 2010 2011 4 49 CFR part 219........................................................ 2011 2012 5 49 CFR parts 218, 221, 241, and 244.................................... 2012 2013 6 49 CFR parts 216, 228, and 229......................................... 2013 2014 7 49 CFR parts 223 and 233............................................... 2014 2015 8 49 CFR parts 224, 225, 231, and 234.................................... 2015 2016 9 49 CFR parts 222, 227, 235, 236, 250, 260, and 266..................... 2016 2017 10 49 CFR parts 213, 220, 230, 232, 239, 240, and 265..................... 2017 2018 ----------------------------------------------------------------------------------------------------------------#

Passage 24Year 10 (fall 2007) List of rules analyzed and a summary of results 49 CFR part 213 - Track Safety Standards Section 610: There is a SEIOSNOSE. These are minimum safety requirements for railroad track that is part of the general railroad system of transportation. The FRA will conduct a formal review to identify whether opportunities may exist to reduce the burden on small railroads without compromising safety standards. Plain Language: FRA's plain language review of this rule indicates no need for substantial revision. General: Since the rule prescribes minimum safety requirements for railroad track that is part of the general railroad system of transportation, it will enhance the safety of rail transportation, protecting both those traveling and working on the system and those off the system who might be adversely affected by a rail incident. 49 CFR part 220 - Railroad Communications Section 610: There is a SEIOSNOSE. These are minimum requirements governing the use of wireless communications in connection with railroad operations. The FRA will conduct a formal review to identify whether opportunities may exist to reduce the burden on small railroads without compromising safety standards. Plain Language: FRA's plain language review of this rule indicates no need for substantial revision. General: Since the rule prescribes minimum requirements governing the use of wireless communications in connection with railroad operations, uniform standard communications procedures and requirements throughout the railroad industry are necessary to ensure the protection and safety of railroad employees and general public, and to minimize the number of casualties. 49 CFR part 230 - Steam Locomotive Inspection and Maintenance Standards Section 610: There is no SEIOSNOSE. Plain Language: FRA's plain language review of this rule indicates no need for substantial revision. General: Since the rule prescribes minimum Federal safety standards of inspection and maintenance for all steam locomotives operated on railroads, these requirements are necessary to ensure the protection and safety of railroad employees and general public, and to minimize the number of casualties. 49 CFR part 232 - Brake System Safety Standards for Freight and Other Non-Passenger Train and Equipment; End- of-Train Devices Section 610: There is a SEIOSNOSE. These are minimum Federal safety standards for frei#

Passage 25ght and other non-passenger train track systems and equipment as well as for freight and other non-passenger train brake systems. The FRA will conduct a formal review to identify whether opportunities may exist to reduce the burden on small railroads without compromising safety standards. Plain Language: FRA's plain language review of this rule indicates no need for substantial revision. General: Since the rule prescribes minimum Federal safety standards for freight and other non-passenger train track systems and equipment as well as for freight and other non-passenger train brake systems, it will enhance the safety of rail transportation, protecting both those traveling and working on the system and those off the system who might be adversely affected by a rail incident. 49 CFR part 239 - Passenger Train Emergency Preparedness Section 610: There is no SEIOSNOSE. Plain Language: FRA's plain language review of this rule indicates no need for substantial revision. General: Since the rule prescribes minimum Federal safety standards for the preparation, adoption and implementation of emergency preparedness plans by railroads, these requirements are necessary to ensure the protection and safety of railroad passengers and employees as well as the general public, and to minimize the number of casualties. 49 CFR part 240 - Qualification and Certification of Locomotive Engineers Section 610: There is no SEIOSNOSE. Plain Language: FRA's plain language review of this rule indicates no need for substantial revision. General: Since the rule prescribes minimum Federal safety standards and guidelines for the eligibility, training, testing, certification and monitoring of all locomotive engineers, it will ensure and enhance the protection and safety of railroad employees and general public and minimize the number of casualties. 49 CFR part 265 - Nondiscrimination in Federally Assisted Railroad Programs Section 610: There is no SEIOSNOSE. Plain Language: FRA's plain language review of this rule indicates no need for substantial revision. General: The purpose of the rule is to ensures that no person in the United States shall on the grounds of race, color, national origin, or sex be excluded from participation in, or denied the benefits of, or be subjected to discrimination under, any project, program or activity funded in part through financial assistance under the Railroad#

Passage 26Revitalization and Regulatory Reform Act of 1976, or any provision of law amended by the Act. Year 1 (fall 2008) List of rule(s) that will be analyzed during next year 49 CFR part 200 - Informal Rules of Practice for Passenger Safety 49 CFR part 201 - Formal Rules of Practice for Passenger Service FEDERAL TRANSIT ADMINISTRATION SECTION 610 AND OTHER REVIEWS ---------------------------------------------------------------------------------------------------------------- Analysis Year Regulations To Be Reviewed Year Review Year ---------------------------------------------------------------------------------------------------------------- 1 49 CFR parts 604, 605, and 633.......................................... 2008 2009 2 49 CFR parts 661 and 665................................................ 2009 2010 3 49 CFR part 633......................................................... 2010 2011 4 49 CFR parts 609 and 611................................................ 2011 2012 5 49 CFR parts 613 and 614................................................ 2012 2013 6 49 CFR part 622......................................................... 2013 2014 7 49 CFR part 630......................................................... 2014 2015 8 49 CFR part 639......................................................... 2015 2016 9 49 CFR parts 659 and 663................................................ 2016 2017 10 49 CFR part 665......................................................... 2017 2018 ---------------------------------------------------------------------------------------------------------------- Year 10 (fall 2007) List of rules analyzed and summary of results 49 CFR part 624 - Clean Fuels Program Section 610: The Agency has determined that the rule will not have a significant effect on a substantial number of small entities. This rule imposes no new costs because it merely modifies the application procedures for an existing grant program. Plain Language: The rule was drafted using plain language techniques. General: No changes are necessary since the benefits of the rule justify its costs and the regulation imposes the least burden. Year 1 (fall 2008) List of rules that will be analyzed during the next year 49 CFR part 604 - Charter Services 49 CFR part 605 - School Bus Operations 49 CFR part 633 - Project Management Oversight#

Passage 27MARITIME ADMINISTRATION SECTION 610 AND OTHER REVIEWS ---------------------------------------------------------------------------------------------------------------- Analysis Year Regulations To Be Reviewed Year Review Year ---------------------------------------------------------------------------------------------------------------- 1 46 CFR parts 201 through 205............................................ 2008 2009 2 46 CFR parts 221 through 232............................................ 2009 2010 3 46 CFR parts 249 through 296............................................ 2010 2011 4 46 CFR part 298......................................................... 2011 2012 5 46 CFR parts 307 through 309............................................ 2012 2013 6 46 CFR part 310......................................................... 2013 2014 7 46 CFR parts 315 through 340............................................ 2014 2015 8 46 CFR parts 345 through 381............................................ 2015 2016 9 46 CFR parts 382 through 389............................................ 2016 2017 10 46 CFR parts 390 through 393............................................ 2017 2018 ----------------------------------------------------------------------------------------------------------------#

Passage 28Year 10 (fall 2007) List of rules analyzed and a summary of the results 46 CFR part 390 - Capital Construction Fund Section 610: No SEIOSNOSE. Some small entities may be affected, but the economic impact on small entities will not be significant. Plain Language: Where confusing or wordy language has been identified, we will make revisions. General: No overall revision of the rule is needed at this time; however, technical amendments were made to the rule so that it correctly referenced sections in the United States Code. 46 CFR part 391 - Federal Income Tax Aspects of the Capital Construction Fund Section 610: No SEIOSNOSE. Some small entities may be affected, but the economic impact on small entities will not be significant. Plain Language: Where confusing or wordy language has been identified, we will make revisions. General: No changes are needed. Year 1 (fall 2008) List of rules that will be analyzed during the next year 46 CFR part 201 - Rules of Practice and Procedure 46 CFR part 202 - Procedures Relating to Review by Secretary of Transportation of Actions by Maritime Subsidy Board 46 CFR part 203 - Procedures Relating to Conduct of Certain Hearings Under the Merchant Marine Act, 1936 46 CFR part 204 - Claims Against the Maritime Administration Under the Federal Tort Claim Act 46 CFR part 205 - Audit Appeals; Policy and Procedure#

Passage 29PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION (PHMSA) SECTION 610 AND OTHER REVIEWS ---------------------------------------------------------------------------------------------------------------- Analysis Year Regulations To Be Reviewed Year Review Year ---------------------------------------------------------------------------------------------------------------- 1 Part 178................................................................ 2008 2009 2 Parts 178, 179, 180..................................................... 2009 2010 3 Parts 172 and 175....................................................... 2010 2011 4 Sections 171.15 and 171.16.............................................. 2011 2012 5 Parts 106, 107, 171, 190, 195........................................... 2012 2013 6 Parts 174, 177, 191, 192................................................ 2013 2014 7 Parts 176, 199.......................................................... 2014 2015 8 Parts 172, 173, 174, 175, 176, 177, 178................................. 2015 2016 9 Parts 172, 173, 174, 176, 177, 193...................................... 2016 2017 10 Parts 173, 194.......................................................... 2017 2018 ----------------------------------------------------------------------------------------------------------------#

Passage 30Year 8 (fall 2005) List of rules analyzed and a summary of the results 49 CFR part 110 - Hazardous Materials Public Sector Training and Planning Grants Section 610: No SEIOSNOSE. The vast majority of grant applicants are not considered small entities as SBA defines that term. In the past 10 years, only eight entities meeting the small business definition have applied for and received HMEP grants. Further, the grant application process is specifically designed to minimize the burden on all grantees, including those that meet the definition of small entity. Plain Language: Where confusing or wordy language has been identified, we will make revisions. General: No changes are necessary since the benefits of the rule justify its costs and the regulation imposes the least burden. 49 CFR part 195 - Transportation of Hazardous Liquids by Pipeline Section 610: NO SEIOSNOSE. The vast majority of hazardous liquid operators are not small entities as defined by the SBA. Plain Language: We will make revisions where wordy or confusing language is identified. General: No changes are necessary since the benefits of the rule justify its costs and the regulation imposes the least burden. Year 1 (fall 2008) List of rules that will be analyzed during the next year 49 CFR part 178 - Specifications for packagings#

Passage 31RESEARCH AND INNOVATIVE TECHNOLOGY ADMINISTRATION (RITA) SECTION 610 AND OTHER REVIEWS ---------------------------------------------------------------------------------------------------------------- Analysis Year Regulations To Be Reviewed Year Review Year ---------------------------------------------------------------------------------------------------------------- 1 14 CFR part 241, form 41................................................ 2008 2009 2 14 CFR part 241, schedule T-100, and part 217........................... 2009 2010 3 14 CFR part 298, 49 CFR 1420............................................ 2010 2011 4 14 CFR part 241, section 19-7........................................... 2011 2012 5 14 CFR part 291......................................................... 2012 2013 6 14 CFR part 234......................................................... 2013 2014 7 14 CFR part 249......................................................... 2014 2015 8 14 CFR part 248......................................................... 2015 2016 9 14 CFR part 250......................................................... 2016 2017 10 14 CFR part 374a, ICAO.................................................. 2017 2018 ---------------------------------------------------------------------------------------------------------------- Year 6 (fall 2003) List of rule(s) analyzed and a summary of results 14 CFR part 234 - Airline Service Quality Performance Reports Section 610: No SEIOSNOSE. Plain Language: This rule is being reviewed as part of an overall aviation data requirements review and modernization program, which will also take into account the plain language initiative. General: This rule is being reviewed as part of an overall aviation data requirements review and modernization program. Year 7 (fall 2004) List of rule(s) analyzed and a summary of results 14 CFR part 249 - Preservation of Air Carrier Records Section 610: No SEIOSNOSE.#

Passage 32Plain Language: This rule is being reviewed as part of an overall aviation data requirements review and modernization program, which will also take into account the plain language initiative. General: This rule is being reviewed as part of an overall aviation data requirements review and modernization program. Year 8 (fall 2005) List of rule(s) analyzed and a summary of results 14 CFR part 248 - Submission of Audit Reports Section 610: No SEIOSNOSE. Plain Language: This rule is being reviewed as part of an overall aviation data requirements review and modernization program, which will also take into account the plain language initiative. General: This rule is being reviewed as part of an overall aviation data requirements review and modernization program. Year 1 (fall 2008) List of rules that will be analyzed during the next year 14 CFR part 241 -- Uniform System of Accounts and Reports for Large Certificated Air Carriers, Form 41 SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION SECTION 610 AND OTHER REVIEWS ---------------------------------------------------------------------------------------------------------------- Analysis Year Regulations to be Reviewed Year Review Year ---------------------------------------------------------------------------------------------------------------- 1 33 CFR parts 401 through 403............................................ 2008 2009 ---------------------------------------------------------------------------------------------------------------- Year 1 (fall 2008) List of Rules that will be analyzed during the next year 33 CFR part 401 - Seaway Regulations and Rules 33 CFR part 402 - Tariff of Tolls 33 CFR part 403 - Rules of Procedure of the Joint Tolls Review Board#

Passage 33Federal Aviation Administration--Proposed Rule Stage ---------------------------------------------------------------------------------------------------------------- Regulation Sequence Title Identifier Number Number ---------------------------------------------------------------------------------------------------------------- 244 [rplus]Commuter Operations in Very Light Jets (VLJs).................................. 2120-AI84 245 [rplus]Qualification, Service, and Use of Crewmembers and Aircraft Dispatchers........ 2120-AJ00 ---------------------------------------------------------------------------------------------------------------- [rplus] DOT-designated significant regulation Federal Aviation Administration--Final Rule Stage ---------------------------------------------------------------------------------------------------------------- Regulation Sequence Title Identifier Number Number ---------------------------------------------------------------------------------------------------------------- 246 [rplus]Automatic Dependent Surveillance--Broadcast (ADS-B) Equipage Mandate To Support 2120-AI92 Air Traffic Control Service........................................................... 247 [rplus]Production and Airworthiness Approvals......................................... 2120-AJ44 ---------------------------------------------------------------------------------------------------------------- [rplus] DOT-designated significant regulation Federal Aviation Administration--Long-Term Actions ---------------------------------------------------------------------------------------------------------------- Regulation Sequence Title Identifier Number Number ---------------------------------------------------------------------------------------------------------------- 248 [rplus]Flight Crewmember Duty Limitations and Rest Requirements....................... 2120-AI93 ---------------------------------------------------------------------------------------------------------------- [rplus] DOT-designated significant regulation#

Passage 34Federal Aviation Administration--Completed Actions ---------------------------------------------------------------------------------------------------------------- Regulation Sequence Title Identifier Number Number ---------------------------------------------------------------------------------------------------------------- 249 [rplus]Washington, DC, Metropolitan Area Special Flight Rules Area.................... 2120-AI17 250 [rplus]Production and Airworthiness Approvals......................................... 2120-AI78 ---------------------------------------------------------------------------------------------------------------- [rplus] DOT-designated significant regulation Federal Motor Carrier Safety Administration--Proposed Rule Stage ---------------------------------------------------------------------------------------------------------------- Regulation Sequence Title Identifier Number Number ---------------------------------------------------------------------------------------------------------------- 251 [rplus]Unified Registration System.................................................... 2126-AA22 ---------------------------------------------------------------------------------------------------------------- [rplus] DOT-designated significant regulation Federal Motor Carrier Safety Administration--Final Rule Stage ---------------------------------------------------------------------------------------------------------------- Regulation Sequence Title Identifier Number Number ---------------------------------------------------------------------------------------------------------------- 252 Interstate Van Operations............................................................. 2126-AA98 253 [rplus]Commercial Driver's License Testing and Commercial Learner's Permit Standards.. 2126-AB02 ---------------------------------------------------------------------------------------------------------------- [rplus] DOT-designated significant regulation#

Passage 35Federal Motor Carrier Safety Administration--Long-Term Actions ---------------------------------------------------------------------------------------------------------------- Regulation Sequence Title Identifier Number Number ---------------------------------------------------------------------------------------------------------------- 254 [rplus]Safety Monitoring System and Compliance Initiative for Mexico-Domiciled Motor 2126-AA35 Carriers Operating in the United States............................................... 255 [rplus]National Registry of Certified Medical Examiners............................... 2126-AA97 ---------------------------------------------------------------------------------------------------------------- [rplus] DOT-designated significant regulation Federal Motor Carrier Safety Administration--Completed Actions ---------------------------------------------------------------------------------------------------------------- Regulation Sequence Title Identifier Number Number ---------------------------------------------------------------------------------------------------------------- 256 [rplus]New Entrant Safety Assurance Process........................................... 2126-AA59 257 [rplus]Requirements for Intermodal Equipment Providers and Motor Carriers and Drivers 2126-AA86 Operating Intermodal Equipment........................................................ ---------------------------------------------------------------------------------------------------------------- [rplus] DOT-designated significant regulation National Highway Traffic Safety Administration--Final Rule Stage ---------------------------------------------------------------------------------------------------------------- Regulation Sequence Title Identifier Number Number ---------------------------------------------------------------------------------------------------------------- 258 Early Warning Reporting Information................................................... 2127-AK28 ----------------------------------------------------------------------------------------------------------------#

Passage 36Federal Transit Administration--Final Rule Stage ---------------------------------------------------------------------------------------------------------------- Regulation Sequence Title Identifier Number Number ---------------------------------------------------------------------------------------------------------------- 259 Bus Testing: Phase-In of Brake Performance and Emissions Testing, and Program Updates 2132-AA95 (Section 610 Review).................................................................. 260 Buy America; Petition for Rulemaking (Section 610 Review)............................. 2132-AA99 ---------------------------------------------------------------------------------------------------------------- Federal Transit Administration--Long-Term Actions ---------------------------------------------------------------------------------------------------------------- Regulation Sequence Title Identifier Number Number ---------------------------------------------------------------------------------------------------------------- 261 School Bus Operations (Section 610 Review)............................................ 2132-AB00 ---------------------------------------------------------------------------------------------------------------- Federal Transit Administration--Completed Actions ---------------------------------------------------------------------------------------------------------------- Regulation Sequence Title Identifier Number Number ---------------------------------------------------------------------------------------------------------------- 262 [rplus]Major Capital Investment Projects--New/Small Starts............................ 2132-AA81 ---------------------------------------------------------------------------------------------------------------- [rplus] DOT-designated significant regulation#

Passage 37Pipeline and Hazardous Materials Safety Administration--Completed Actions ---------------------------------------------------------------------------------------------------------------- Regulation Sequence Title Identifier Number Number ---------------------------------------------------------------------------------------------------------------- 263 [rplus]Hazardous Materials: Enhancing Rail Transportation Safety and Security for 2137-AE02 Hazardous Materials Shipments......................................................... ---------------------------------------------------------------------------------------------------------------- [rplus] DOT-designated significant regulation Maritime Administration--Proposed Rule Stage ---------------------------------------------------------------------------------------------------------------- Regulation Sequence Title Identifier Number Number ---------------------------------------------------------------------------------------------------------------- 264 [rplus]Cargo Preference--Compromise, Assessment, Mitigation, Settlement and Collection 2133-AB75 of Civil Penalties.................................................................... ---------------------------------------------------------------------------------------------------------------- [rplus] DOT-designated significant regulation _______________________________________________________________________ Department of Transportation (DOT) Proposed Rule Stage _______________________________________________________________________ 244. [rplus]COMMUTER OPERATIONS IN VERY LIGHT JETS (VLJS) Legal Authority: 49 USC 106(g); 49 USC 1155; 49 USC 40103; 49 USC 40113; 49 USC 40119; 49 USC 40120; 49 USC 44101; 49 USC 44111; 49 USC 44701; 49 USC 44705; 49 USC 44709 to 44713; 49 USC 44715 to 44717; 49 USC 44722; 49 USC 44901; 49 USC 44903; 49 USC 44912; 49 USC 46105; 49 USC 46306; 49 USC 46316; 49 USC 46504; 49 USC 46506; 49 USC 47122; 49 USC 47508; 49 USC 47528 to 47531; 49 USC 44702; 49 USC 44904; 49 USC 46507#

Passage 38Abstract: This rulemaking would establish a rule to allow passenger- carrying commuter operations to be conducted under the provisions of part 135 using multiengine turbojets, certificated under either part 23 or part 25, configured with 9 or fewer passenger seats. The rulemaking would allow multiengine turbojet operators to provide commuter service to the traveling public, thus accommodating new techonologies and a new generation of turbojet airplanes that otherwise would not be allowed in part 135 commuter service. Since 1995, turbojets used in scheduled operations must operate under the provisions of part 121. This current rulemaking resulted, in part, from recommendations from the Aviation Rulemaking Committee for parts 14 CFR 135/125 and covers pilot crew, equipment, training, and dispatch requirements for the safe operation of this new generation airplane. Timetable: ________________________________________________________________________ ________________________________________________________________________ Regulatory Flexibility Analysis Required: Yes Agency Contact: Alberta Brown, Air Transportation Division, Department of Transportation, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591 Phone: 202 267-8321 RIN: 2120-AI84 _______________________________________________________________________ 245. [rplus]QUALIFICATION, SERVICE, AND USE OF CREWMEMBERS AND AIRCRAFT DISPATCHERS Legal Authority: 49 USC 106(g); 49 USC 40113; 49 USC 40119; 49 USC 44101; 49 USC 44701 and 44702; 49 USC 44705; 49 USC 44709 to 44711; 49 USC 44713; 49 USC 44716 and 44717; 49 USC 44722; 49 USC 44901; 49 USC 44903 and 44904; 49 USC 44912; 49 USC 46105 Abstract: This rulemaking would amend the regulations for crewmember and dispatcher training programs in domestic, flag, and supplemental operations. The rulemaking would enhance traditional training programs by requiring the use of flight simulation training devices for flight crewmembers and including additional training requirements in areas that are critical to safety. The rulemaking would also reorganize and revise the qualification and training requirements. The changes are intended to contribute significantly to reducing aviation accidents. Timetable: ________________________________________________________________________#

Passage 39________________________________________________________________________ NPRM 01/12/09 74 FR 1280 Notice of Public Meeting 03/12/09 NPRM Comment Period Extended 04/20/09 74 FR 17910 NPRM Comment Period End 05/12/09 Extended NPRM Comment Period End08/10/09 Regulatory Flexibility Analysis Required: Yes Agency Contact: Edward Cook, Flight Standards Service, Department of Transportation, Federal Aviation Administration, Suite 400, 100 Hartsfield Centre Parkway, Atlanta, GA 30354 Phone: 404 832-4700 Email: [email protected] RIN: 2120-AJ00 _______________________________________________________________________ Department of Transportation (DOT) Final Rule Stage _______________________________________________________________________ 246. [rplus]AUTOMATIC DEPENDENT SURVEILLANCE--BROADCAST (ADS-B) EQUIPAGE MANDATE TO SUPPORT AIR TRAFFIC CONTROL SERVICE Legal Authority: 49 USC 1155; 49 USC 40103; 49 USC 40113; 49 USC 40120; 49 USC 44101; 49 USC 44111; 49 USC 44701; 49 USC 44709; 49 USC 44711 and 44712; 49 USC 44715 to 44717; 49 USC 44722; 49 USC 46306; 49 USC 46315 and 46316; 49 USC 46504; 49 USC 46506; 49 USC 47122; 49 USC 47508; 49 USC 47528 to 47531; 49 USC 106(g); Articles 12 and 29 of 61stat.1180; 49 USC 46507 Abstract: This rulemaking would require Automatic Dependent Surveillance-Broadcast (ADS-B) Out equipment on aircraft to operate in certain classes of airspace within the United States National Airspace System. The rulemaking is necessary to accommodate the expected increase in demand for air transportation, as described in the Next Generation Air Transportation System Integrated Plan. The intended effect of this rule is to provide the Federal Aviation Administration with a comprehensive surveillance system that accommodates the anticipated increase in operations and would provide a platform for additional flight applications and services. Timetable: ________________________________________________________________________ ________________________________________________________________________ NPRM 10/05/07 72 FR 56947 NPRM Comment Period End 11/19/07 72 FR 64966 NPRM Comment Period Extended 01/03/08 Comment Period End 03/03/08 Reopened for Comments on ARAC Recommendation 10/02/08 73 FR 57270 Comment Period End 11/03/08 Final Action 04/00/10 Regulatory Flexibility Analysis Required: Yes#

Passage 40Agency Contact: Vincent Capezzuto, Terminal Program Operations, Department of Transportation, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591 Phone: 202 385-8637 Email: [email protected] RIN: 2120-AI92 _______________________________________________________________________ 247. [rplus]PRODUCTION AND AIRWORTHINESS APPROVALS Legal Authority: 42 USC 7572; 49 USC 106(g); 49 USC 40105; 49 USC 40113; 49 USC 44701; 49 USC 44704; 49 USC 44707; 49 USC 44709; 49 USC 44711; 49 USC 44713; 49 USC 44715; 49 USC 45303; 49 USC 44702 Abstract: This rulemaking would amend the certification procedures and identification requirements for aeronautical products and articles. These amendments would update and standardize those requirements for production approval holders (PAHs), revise export airworthiness approval requirements to facilitate global manufacturing, move all part marking requirements from part 21 to part 45, and amend the identification requirements for products and articles. The intent of these changes is to continue to promote safety by ensuring that aircraft, and products and articles designed specifically for use in aircraft, wherever manufactured, meet appropriate minimum standards for design and construction. This rulemaking was split from RIN 2120-AI78. Timetable: ________________________________________________________________________ ________________________________________________________________________ Regulatory Flexibility Analysis Required: Yes Agency Contact: Barbara Capron, Department of Transportation, Federal Aviation Administration, 800 Independence Avenue, SW, Washington, DC 20591 Phone: 202 267-3343 Email: [email protected] _______________________________________________________________________ Department of Transportation (DOT) Long-Term Actions _______________________________________________________________________ 248. [rplus]FLIGHT CREWMEMBER DUTY LIMITATIONS AND REST REQUIREMENTS Legal Authority: 49 USC 106(g); 49 USC 40113; 49 USC 40119; 49 USC 44101; 49 USC 44701 to 44703; 49 USC 44705; 49 USC 44709 to 44713; 49 USC 44712 and 44713; 49 USC 44715 to 44717; 49 USC 44722; 49 USC 44901; 49 USC 44903; 49 USC 44912; 49 USC 44904#

Passage 41Abstract: This rulemaking would amend the regulations on duty period limitations, flight time limitations, and rest requirements for flight crewmembers engaged in air transportation. The changes would respond to the need to ensure that the rules will continue to provide the minimum level of safety. This rulemaking responds to public and congressional interest in regulating flight crewmember rest requirements, NTSB Safety Recommendations, petitions for rulemaking, and scientific data. This action is considered significant because of substantial public interest. The FAA is considering proposing additional changes in response to comments received on the NPRM. Regulatory Flexibility Analysis Required: Yes Agency Contact: Larry Youngblut, Flight Standards Service, Department of Transportation, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20951 Phone: 202 267-9360 Email: [email protected] RIN: 2120-AI93 _______________________________________________________________________ Department of Transportation (DOT) Completed Actions _______________________________________________________________________ 249. [rplus]WASHINGTON, DC, METROPOLITAN AREA SPECIAL FLIGHT RULES AREA Legal Authority: 49 USC 106(g); 49 USC 40103; 49 USC 40106; 49 USC 40109; 49 USC 40113; 49 USC 44502 Abstract: This rulemaking would codify restrictions for certain aircraft operations in the Washington, DC, Metropolitan Area. This action is necessary because of the ongoing threat of terrorist attacks. The FAA intends by this action to help the Department of Homeland Security and the Department of Defense protect national assets in the National Capital region. We are developing the rule in conjunction with the Department of Defense and Department of Homeland Security. Timetable: ________________________________________________________________________ ________________________________________________________________________ NPRM 08/04/05 70 FR 45250 Correction 08/24/05 70 FR 49515 NPRM Comment Period End 11/02/05 NPRM 11/07/05 70 FR 67388 End of Extended Comment Period 02/06/06 Final Rule 12/16/08 73 FR 76195 Correction 12/29/08 73 FR 79313 Final Rule Effective 02/17/09 Regulatory Flexibility Analysis Required: Yes#

Passage 42Agency Contact: Ellen Crum, Air Traffic Systems Operations, Department of Transportation, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591 Phone: 202 267-8783 Email: [email protected] RIN: 2120-AI17 _______________________________________________________________________ 250. [rplus]PRODUCTION AND AIRWORTHINESS APPROVALS Legal Authority: 42 USC 7572; 49 USC 106(g); 49 USC 40105; 49 USC 40113; 49 USC 44701; 49 USC 44704; 49 USC 44707; 49 USC 44709; 49 USC 44711; 49 USC 44713; 49 USC 44715; 49 USC 45303; 49 USC 44702 Abstract: This rulemaking would change certification procedures and identification requirements for aeronautical products and parts. The changes would address standardizing requirements for production approval holders; requiring production approval holders to issue airworthiness approvals for aircraft engines, propellers, and other aviation parts; requiring manufacturers to mark all parts and components; and revising export airworthiness approval requirements to facilitate global manufacturing. The intent of these changes is to promote safety by ensuring that aircraft, and parts designed specifically for use in aircraft, wherever manufactured, meet applicable standards. This action is also necessary to update our regulations to reflect the current global aircraft and aircraft parts manufacturing environment. Some of the information reported here, under RIN 2120-AI78, was inadvertently included. It pertains to RIN 2120- AJ44. The rulemaking under RIN 2120-AI78 was published on 11/23/2007 and became effective on 1/14/2008. Rulemaking 2120-AI78 is complete and will not be on the next report. Timetable: ________________________________________________________________________ ________________________________________________________________________ NPRM 10/05/06 71 FR 58914 NPRM Comment Period Extended 12/20/06 71 FR 76224 NPRM Comment Period End 01/03/07 End of Extended Comment Period 02/05/07 Notice of Availability and Request for comments 02/14/07 72 FR 6968 Comment Period End 04/02/07 Final Rule 11/13/07 72 FR 63797 Final Rule Effective 01/14/08 Regulatory Flexibility Analysis Required: Yes Agency Contact: Barbara Capron, Department of Transportation, Federal Aviation Administration, 800 Independence Avenue, SW, Washington, DC 20591 Phone: 202 267-3343 Email: [email protected]#

Passage 43_______________________________________________________________________ Department of Transportation (DOT) Proposed Rule Stage Federal Motor Carrier Safety Administration (FMCSA) _______________________________________________________________________ Legal Authority: PL 104-88; 109 Stat. 803, 888 (1995); 49 USC 13908; PL 109-159, sec 4304 Abstract: This rulemaking would replace three current identification and registration systems: the US DOT number identification system, the commercial registration system, and the financial responsibility system, with an online Federal unified registration system. This program would serve as a clearinghouse and depository of information on, and identification of, brokers, freight forwarders, and others required to register with the Department of Transportation. The Agency is revising this rulemaking to address amendments directed by SAFETEA- LU. The replacement system for the Single State Registration System, which the ICC Termination Act originally directed be merged under URS, will be addressed separately. Timetable: ________________________________________________________________________ ________________________________________________________________________ ANPRM 08/26/96 61 FR 43816 ANPRM Comment Period End 10/25/96 NPRM 05/19/05 70 FR 28990 NPRM Comment Period End 08/17/05 Supplemental NPRM 03/00/10 Regulatory Flexibility Analysis Required: Yes Agency Contact: Valerie Height, Management Analyst, Department of Transportation, Federal Motor Carrier Safety Administration, Office of Policy Plans and Regulation (MC-PRR), 1200 New Jersey Avenue SE, Washington, DC 20590 Phone: 202 366-0901 Email: [email protected] RIN: 2126-AA22 _______________________________________________________________________ Department of Transportation (DOT) Final Rule Stage Federal Motor Carrier Safety Administration (FMCSA) _______________________________________________________________________ Legal Authority: PL 109-59 (2005), sec 4136#

Passage 44Abstract: This rulemaking would make the requirements concerning driver qualifications; driving of CMVs; parts and accessories necessary for safe operations; hours of service; and inspection, repair, and maintenance applicable to the operation of vehicles designed or used to transport between 9 and 15 passengers (including the driver) for direct compensation, in interstate commerce, regardless of the distance traveled. Currently the safety regulations apply to such vans when the vehicle is operated beyond a 75 air-mile radius of the driver's work reporting location. This action is in response to SAFETEA-LU. Timetable: ________________________________________________________________________ ________________________________________________________________________ Regulatory Flexibility Analysis Required: Yes Agency Contact: Thomas Yager, Driver and Carrier Operations Division, Department of Transportation, Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE, Washington, DC 20590 Phone: 202 366-4325 Email: [email protected] RIN: 2126-AA98 _______________________________________________________________________ 253. [rplus]COMMERCIAL DRIVER'S LICENSE TESTING AND COMMERCIAL LEARNER'S PERMIT STANDARDS Legal Authority: PL 109-347, sec 703; 49 USC 31102; PL 105-178, 112 Stat 414 (1998); PL 99-570, title XII, 100 Stat 3207 (1086); PL 102- 240, sec 4007(a)(1), Stat. 1914, 2151; PL 109-59 (2005), sec 4122; 49 USC 31136#

Passage 45Abstract: This rulemaking would establish revisions to the commercial driver's license knowledge and skills testing standards as required by section 4019 of TEA-21, implement fraud detection and prevention initiatives at the State driver licensing agencies as required by the SAFE Port Act of 2006, and establish new minimum Federal standards for States to issue commercial learner's permits (CLPs), based in part on the requirements of section 4122 of SAFETEA-LU. In addition, to ensuring the applicant has the appropriate knowledge and skills to operate a commercial motor vehicle, this rule would establish the minimum information that must be on the CLP document and the electronic driver's record. The rule would also establish maximum issuance and renewal periods, establish a minimum age limit, address issues related to a driver's State of Domicile, and incorporate previous regulatory guidance into the Federal regulations. This rule would also address issues raised in the SAFE Port Act. Timetable: ________________________________________________________________________ ________________________________________________________________________ NPRM 04/09/08 73 FR 19282 NPRM Comment Period Extended 06/09/08 73 FR 32520 NPRM Comment Period End 06/09/08 Second NPRM Comment Period End 07/09/08 Final Action 02/00/10 Regulatory Flexibility Analysis Required: Yes Agency Contact: Robert Redmond, Senior Transportation Specialist, Department of Transportation, Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE, Washington, DC 20590 Phone: 202 366-5014 Email: [email protected] _______________________________________________________________________ Department of Transportation (DOT) Long-Term Actions Federal Motor Carrier Safety Administration (FMCSA) _______________________________________________________________________ 254. [rplus]SAFETY MONITORING SYSTEM AND COMPLIANCE INITIATIVE FOR MEXICO-DOMICILED MOTOR CARRIERS OPERATING IN THE UNITED STATES Legal Authority: PL 107-87, sec 350; 49 USC 113; 49 USC 31136; 49 USC 31144; 49 USC 31502; 49 USC 504; 49 USC 5113; 49 USC 521(b)(5)(A)#

Passage 46Abstract: This rule would implement a safety monitoring system and compliance initiative designed to evaluate the continuing safety fitness of all Mexico-domiciled carriers within 18 months after receiving a provisional Certificate of Registration or provisional authority to operate in the United States. It also would establish suspension and revocation procedures for provisional Certificates of Registration and operating authority, and incorporate criteria to be used by FMCSA in evaluating whether Mexico-domiciled carriers exercise basic safety management controls. The interim rule included requirements that were not proposed in the NPRM but which are necessary to comply with the FY-2002 DOT Appropriations Act. On January 16, 2003, the Ninth Circuit Court of Appeals remanded this rule, along with two other NAFTA-related rules, to the agency, requiring a full environmental impact statement and an analysis required by the Clean Air Act. On June 7, 2004, the Supreme Court reversed the Ninth Circuit and remanded the case, holding that FMCSA is not required to prepare the environmental documents. FMCSA is waiting for Interim Final Rule experience after the border opens before deciding what to do next on this rulemaking. FMCSA originally planned to publish a final rule by November 28, 2003. Timetable: ________________________________________________________________________ ________________________________________________________________________ NPRM 05/03/01 66 FR 22415 NPRM Comment Period End 07/02/01 Interim Final Rule 03/19/02 67 FR 12758 IFR Comment Period End 04/18/02 IFR Effective* 05/03/02 Notice of Intent To Prepare an EIS 08/26/03 68 FR 51322 EIS Public Scoping Meetings 10/08/03 68 FR 58162 Regulatory Flexibility Analysis Required: Yes Agency Contact: Dominick Spataro, Chief, CDL Division (MC-ESL), Department of Transportation, Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE, Washington, DC 20590 Phone: 202 366-2995 Email: [email protected] RIN: 2126-AA35 _______________________________________________________________________ 255. [rplus]NATIONAL REGISTRY OF CERTIFIED MEDICAL EXAMINERS Legal Authority: PL 109-59 (2005), sec 4116#

Passage 47Abstract: This rulemaking would establish training, testing and certification standards for medical examiners responsible for certifying that interstate commercial motor vehicle drivers meet established physical qualifications standards; provide a database (or National Registry) of medical examiners that meet the prescribed standards for use by motor carriers, drivers, and Federal and State enforcement personnel in determining whether a medical examiner is qualified to conduct examinations of interstate truck and bus drivers; and require medical examiners to transmit electronically to FMCSA the name of the driver and a numerical identifier for each driver that is examined. The rulemaking would also establish the process by which medical examiners that fail to meet or maintain the minimum standards would be removed from the National Registry. This action is in response to section 4116 of Safe, Accountable, Flexible, Efficient, Transportation Equity Act: A Legacy for Users. Timetable: ________________________________________________________________________ ________________________________________________________________________ NPRM 12/01/08 73 FR 73129 NPRM Comment Period End 01/30/09 Final Action 04/00/10 Regulatory Flexibility Analysis Required: Yes Agency Contact: Dr. Mary D. Gunnels, Director, Office of Medical Programs, Department of Transportation, Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE, Washington, DC 20590 Phone: 202 366-4001 Email: [email protected] RIN: 2126-AA97 _______________________________________________________________________ Department of Transportation (DOT) Completed Actions Federal Motor Carrier Safety Administration (FMCSA) _______________________________________________________________________ 256. [rplus]NEW ENTRANT SAFETY ASSURANCE PROCESS Legal Authority: PL 106-159, sec 210; 113 Stat 1748 (1999); PL 107-87, sec 350; 49 USC 31144#

Passage 48Abstract: This rule will change the New Entrant Safety Assurance Process by raising the standard of compliance for passing the new entrant safety audit. It also makes clarifying changes to some of the existing new entrant regulations. The rule also proposes a separate application procedure and safety oversight system for non-North America-domiciled motor carriers. The rule will improve the Agency's ability to identify at-risk new entrant carriers and will ensure deficiencies in basic safety management controls are corrected before the new entrant is granted permanent registration. These changes will not impose additional operational requirements on any new entrant carrier. All new entrants will continue to receive educational information on how to comply with the safety regulations and be given an opportunity to correct any deficiencies found. FMCSA recognizes many new entrants are small businesses that are unaware of these requirements and continue to need our assistance. Timetable: ________________________________________________________________________ ________________________________________________________________________ Interim Final Rule (IFR) 05/13/02 67 FR 31978 IFR Comment Period End 07/12/02 IFR Effective 01/01/03 NPRM 12/21/06 71 FR 76730 NPRM Comment Period End 02/20/07 Final Rule 12/16/08 73 FR 76472 Final Rule Effective 02/17/09 Regulatory Flexibility Analysis Required: Yes Agency Contact: Stephanie Haller, Enforcement and Compliance Division, Department of Transportation, Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE, Washington, DC 20590 Phone: 202 366-0178 Email: [email protected] RIN: 2126-AA59 _______________________________________________________________________ 257. [rplus]REQUIREMENTS FOR INTERMODAL EQUIPMENT PROVIDERS AND MOTOR CARRIERS AND DRIVERS OPERATING INTERMODAL EQUIPMENT Legal Authority: 49 USC 31136; 49 USC 31151; PL 109-59 (2005), sec 4118; 49 USC 31502#

Passage 49Abstract: This rulemaking would require entities that offer intermodal container chassis for transportation in interstate commerce to: file a Motor Carrier Identification Report (Form MCS-150); display a USDOT identification number on each chassis offered for such transportation; establish a systematic inspection, repair, and maintenance program to ensure the safe operating condition of each chassis offered for transportation and maintain documentation of the program; and provide a means for effectively responding to driver and motor carrier complaints about the condition of intermodal container chassis. The rulemaking is considered significant because of substantial industry and congressional interest and because it involves other departmental modes. It is required by SAFETEA-LU. Timetable: ________________________________________________________________________ ________________________________________________________________________ NPRM 12/21/06 71 FR 76796 NPRM Comment Period End 03/21/07 Comment Period Extended 04/13/07 72 FR 18615 Extended Comment Period End 05/21/07 Final Rule 12/17/08 73 FR 76794 Final Rule Effective 06/17/09 Regulatory Flexibility Analysis Required: Yes Agency Contact: Deborah M. Freund, Senior Transportation Specialist, Department of Transportation, Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE, Washington, DC 20590 Phone: 202 366-5370 Email: [email protected] RIN: 2126-AA86 BILLING CODE 4910--EX--S _______________________________________________________________________ Department of Transportation (DOT) Final Rule Stage National Highway Traffic Safety Administration (NHTSA) _______________________________________________________________________ 258. EARLY WARNING REPORTING INFORMATION Abstract: This rulemaking would amend certain provisions of the early warning reporting (EWR) rule published pursuant to the Transportation Recall, Enhancement, Accountability and Documentation (TREAD) Act. This rulemaking would modify the threshold for submitting quarterly EWR reports for some manufacturers and add new requirements to maintain the consistency of the EWR data from quarter to quarter. This rulemaking has been downgraded and will not appear on next month's report. Timetable: ________________________________________________________________________#

Passage 50________________________________________________________________________ NPRM 12/05/08 73 FR 74101 NPRM Comment Period End 02/03/09 Final Action 02/00/10 Regulatory Flexibility Analysis Required: Yes Agency Contact: Christina Morgan, Chief, Early Warning Reporting, Department of Transportation, National Highway Traffic Safety Administration, 1200 New Jersey Avenue SE, Washington, DC 20590 Phone: 202 366-4238 Email: [email protected] RIN: 2127-AK28 BILLING CODE 4910--59--S _______________________________________________________________________ Department of Transportation (DOT) Final Rule Stage _______________________________________________________________________ 259. BUS TESTING: PHASE-IN OF BRAKE PERFORMANCE AND EMISSIONS TESTING, AND PROGRAM UPDATES (SECTION 610 REVIEW) Abstract: This rulemaking would modify the Bus Testing rule to incorporate tests for brake performance and emissions. This rulemaking would also update and clarify the existing regulation found at 49 CFR 665. Timetable: ________________________________________________________________________ ________________________________________________________________________ NPRM 09/30/08 73 FR 56781 NPRM Comment Period End 12/01/08 Final Action 10/00/09 Regulatory Flexibility Analysis Required: No Agency Contact: Richard Wong, Attorney-Advisor, Department of Transportation, Federal Transit Administration, 1200 New Jersey Avenue SE, Washington, DC 20590 Phone: 202 366-6067 Fax: 202 366-3809 Email: [email protected] RIN: 2132-AA95 _______________________________________________________________________ 260. BUY AMERICA; PETITION FOR RULEMAKING (SECTION 610 REVIEW) Abstract: This rulemaking would address the treatment of bi-metallic aluminum rail under FTA's Buy America rule. Presently, both running rail (carrying the weight of the train) and power rail (carrying the electric power supply) are treated alike under the Buy America regulation, i.e., all rail#

Passage 51products must be produced in the United States, including all manufacturing processes, except metallurgical processes involving refinement of steel additives. During its recent Buy America rulemaking, FTA received several requests to classify bi-metallic aluminum rail as ``traction power equipment.'' Such a move would subject bi-metallic aluminum rail to a 60/40% domestic/non-domestic content requirement, provided that final assembly takes place in the United States. Timetable: ________________________________________________________________________ ________________________________________________________________________ NPRM 11/24/08 73 FR 70950 NPRM Comment Period End 01/23/09 Final Action 06/00/09 Regulatory Flexibility Analysis Required: No Agency Contact: Richard Wong, Attorney-Advisor, Department of Transportation, Federal Transit Administration, 1200 New Jersey Avenue SE, Washington, DC 20590 Phone: 202 366-6067 Fax: 202 366-3809 Email: [email protected] RIN: 2132-AA99 _______________________________________________________________________ Department of Transportation (DOT) Long-Term Actions _______________________________________________________________________ 261. SCHOOL BUS OPERATIONS (SECTION 610 REVIEW) Abstract: This rulemaking would amend the regulations that govern the provision of services to school students and personnel by recipients of Federal funds from the Federal Transit Administration for consistency with the statutory provisions enacted by SAFETEA-LU regarding penalties for violations of the regulations. This rulemaking would also clarify the existing requirements for differentiating permissible services from prohibited services to school students and personnel. Regulatory Flexibility Analysis Required: No Agency Contact: Michael Culotten, Attorney-Advisor, Department of Transportation, Federal Transit Administration, 1200 New Jersey Avenue SE, Washington, DC 20590 Phone: 202 493-0509 Fax: 202 366-3809 RIN: 2132-AB00 _______________________________________________________________________ Department of Transportation (DOT) Completed Actions _______________________________________________________________________ 262. [rplus]MAJOR CAPITAL INVESTMENT PROJECTS--NEW/SMALL STARTS#

Passage 52Abstract: This rulemaking would establish a simplified evaulation process for projects seeking less than $75 million in New Starts funds. The rule will set out FTA's evaluation and rating process for proposed projects based on the results of project justification and local financial commitment. This action is mandated by SAFETEA-LU. The 2008 Appropriations Act prohibited a Final Rule. A Continuing Resolution (Pub. L. 110-329, Division A) continues in effect the prohibition of the 2008 Appropriations Act on the issuance of a Final Rule. Timetable: ________________________________________________________________________ ________________________________________________________________________ ANPRM 01/30/06 71 FR 4864 ANPRM Comment Period End 03/10/06 NPRM 08/03/07 72 FR 43328 NPRM Comment Period End 11/01/07 Withdrawn 02/17/09 74 FR 7388 Regulatory Flexibility Analysis Required: Yes Agency Contact: Christopher VanWyk, Attorney-Advisor, Department of Transportation, Federal Transit Administration, 1200 New Jersey Avenue SE, Washington, DC 20590 Phone: 202 366-1733 Email: [email protected] RIN: 2132-AA81 BILLING CODE 4910--57--S _______________________________________________________________________ Department of Transportation (DOT) Completed Actions Pipeline and Hazardous Materials Safety Administration (PHMSA) _______________________________________________________________________ 263. [rplus]HAZARDOUS MATERIALS: ENHANCING RAIL TRANSPORTATION SAFETY AND SECURITY FOR HAZARDOUS MATERIALS SHIPMENTS Abstract: In consultation with the Federal Railroad Administration (FRA), PHMSA would revise the current requirements on the safe and secure transportation of hazardous materials transported in commerce by rail. It may require rail carriers to (1) compile annual data on certain shipments of hazardous materials and use the data to analyze safety and security risks along rail transportation routes where those materials are transported; (2) assess alternative routing options and make routing decisions based on those assessments; and (3) clarify the current security plan requirements to address en route storage and delays in transit. This rulemaking was scheduled to have a final rule published by 12/24/2007. Timetable: ________________________________________________________________________#

Passage 53________________________________________________________________________ Request for Comments 08/10/04 69 FR 50987 Comment Period End 10/18/04 NPRM 12/21/06 71 FR 76834 NPRM Comment Period End 02/20/07 Interim Final Rule 04/16/08 73 FR 20751 Interim Final Rule Effective 06/01/08 Final Rule 11/26/08 73 FR 72182 Final Rule Effective 12/26/08 Regulatory Flexibility Analysis Required: Yes Agency Contact: Susan Gorsky, Senior Regulations Specialist, Department of Transportation, Pipeline and Hazardous Materials Safety Administration, 1200 New Jersey Avenue SE, Washington, DC 20590 Phone: 202 366-8553 Email: [email protected] RIN: 2137-AE02 BILLING CODE 4910--60--S _______________________________________________________________________ Department of Transportation (DOT) Proposed Rule Stage _______________________________________________________________________ 264. [rplus]CARGO PREFERENCE--COMPROMISE, ASSESSMENT, MITIGATION, SETTLEMENT AND COLLECTION OF CIVIL PENALTIES Abstract: This rulemaking would establish part 383 of the Cargo Preference regulations. This rulemaking would cover Public Law 110-417, section 3511, National Defense Authorization Act for FY 2009 statutory changes to the cargo preference rules, which have not been substantially revised since 1971. The rulemaking also would include compromise, assessment, mitigation, settlement, and collection of civil penalties. Timetable: ________________________________________________________________________ ________________________________________________________________________ Regulatory Flexibility Analysis Required: Yes Agency Contact: Christine Gurland, Department of Transportation, Maritime Administration, 1200 New Jersey Avenue SE, Washington, DC 20405 Phone: 202 366-5157 Email: [email protected] RIN: 2133-AB75 [FR Doc. E9-10277 Filed 05-08-09; 8:45 am] BILLING CODE 4910-81-S#