{"operation":"document","citation":"74 FR 21969","title":"[No title available]","source_type":"rulemaking","agency":"Office of the Federal Register","status":"proposed","official":true,"published_on":"2009-05-11","effective_on":null,"summary":"The regulatory agenda is a semiannual summary of all current and projected rulemakings, reviews of existing regulations, and completed actions of the Department. The agenda provides the public with information about the Department of Transportation's regulatory activity. It is expected that this information will enable the public to be more aware of and allow it to more effectively participate in the Department's regulatory activity. The public is also invited to submit comments on any aspect of this agenda.","machine_formats":{"json":"https://regulus.evalyn.ai/document/federal-register-e9-10277.json","markdown":"https://regulus.evalyn.ai/document/federal-register-e9-10277.md"},"app_url":"https://regulus.evalyn.ai/document/federal-register-e9-10277","source_url":"https://www.federalregister.gov/documents/2009/05/11/E9-10277/no-title-available","body":"Federal Register, Volume 74 Issue 89 (Monday, May 11, 2009) [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] [[Page 21969]] ----------------------------------------------------------------------- Part XI Department of Transportation ----------------------------------------------------------------------- Semiannual Regulatory Agenda [[Page 21970]] DEPARTMENT OF TRANSPORTATION (DOT) _______________________________________________________________________ DEPARTMENT OF TRANSPORTATION Office of the Secretary 14 CFR Chs. I-III 23 CFR Chs. I-III 33 CFR Chs. I and IV 46 CFR Chs. I-III 48 CFR Ch. 12 49 CFR Subtitle A, Chs. I-VI and Chs. X-XII OST Docket 99-5129 Department Regulatory Agenda; Semiannual Summary AGENCY: Office of the Secretary, DOT. ACTION: Semiannual regulatory agenda. _______________________________________________________________________ SUMMARY: The regulatory agenda is a semiannual summary of all current and projected rulemakings, reviews of existing regulations, and completed actions of the Department. The agenda provides the public with information about the Department of Transportation's regulatory activity. It is expected that this information will enable the public to be more aware of and allow it to more effectively participate in the Department's regulatory activity. The public is also invited to submit comments on any aspect of this agenda. FOR FURTHER INFORMATION CONTACT: General You should direct all comments and inquiries on the agenda in general to Neil R. Eisner, Assistant General Counsel for Regulation and Enforcement, Department of Transportation, 1200 New Jersey Avenue SE., Washington, DC 20590, (202) 366-4723. Specific You should direct all comments and inquiries on particular items in the agenda to the individual listed for the regulation or the general rulemaking contact person for the operating administration in Appendix B. Individuals who use a telecommunications device for the deaf (TDD) may call (202) 755- 7687. Table of Contents Supplementary Information: Background Significant/Priority Rulemakings Explanation of Information on the Agenda Request for Comments Purpose Appendix A-Instructions for Obtaining Copies of Regulatory Documents Appendix B-General Rulemaking Contact Persons Appendix C-Public Rulemaking Dockets Appendix D-Review Plans for Section 610 and Other Requirements Agenda SUPPLEMENTARY INFORMATION: Background Improvement of our regulations is a prime goal of the Department of Transportation (Department or DOT). There should be no more regulations than necessary, and those that are issued should be simpler, more comprehensible, and less burdensome. Regulations should not be issued without appropriate involvement of the public; once issued, they should be periodically reviewed and revised, as needed, to assure that they continue to meet the needs for which they originally were designed. To view additional information about the Department of Transportation's regulatory activities online, go to http://regs.dot.gov. To help the Department achieve these goals and in accordance with Executive Order 12866 ``Regulatory Planning and Review'' (58 FR 51735; October 4, 1993) and the Department's Regulatory Policies and Procedures (44 FR 11034; February 26, 1979), the Department prepares a semiannual regulatory agenda. It summarizes all current and projected rulemaking, reviews of existing regulations, and completed actions of the Department. These are matters on which action has begun or is projected during the succeeding 12 months or such longer period as may be anticipated or for which action has been completed since the last agenda. The agendas are based on reports submitted by the offices initiating the rulemaking and are reviewed by the Department Regulations Council. The Department's last agenda was published in the Federal Register on 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: 1. The Agency's agenda preamble; 2. Rules that are in the Agency's regulatory flexibility agenda, in accordance with the Regulatory Flexibility Act, because they are likely to have a significant economic impact on a substantial number of small entities; and 3. Any rules that the Agency has identified for periodic review under section 610 of the Regulatory Flexibility Act. Printing of these entries is limited to fields that contain information required by the Regulatory Flexibility Act's Agenda requirements. These elements are: Sequence Number; Title; Section 610 Review, if applicable; Legal Authority; Abstract; Timetable; Regulatory Flexibility Analysis Required; Agency Contact; and Regulation Identifier Number (RIN). Additional information (for detailed list see section heading ``Explanation of Information on the Agenda'') on these entries is available in the Unified Agenda published on the Internet. Significant/Priority Rulemakings The agenda covers all rules and regulations of the Department. We have classified rules as a DOT agency priority in the agenda if they are, essentially, very costly, controversial, or of substantial public interest under our Regulatory Policies and Procedures. All DOT agency priority rulemaking documents are subject to review by the Secretary of Transportation. If the Office of Management and Budget (OMB) 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 [[Page 21971]] divided into five categories: (1) Prerule stage, (2) proposed rule stage, (3) final rule stage, (4) long-term actions, and (5) completed actions. For each entry, the agenda provides the following information: (1) Its ``significance''; (2) a short descriptive title; (3) its legal basis; (4) the related regulatory citation in the Code of Federal Regulations; (5) any legal deadline and, if so, for what action (e.g., NPRM, final rule); (6) an abstract; (7) a timetable, including the earliest expected date for a decision on whether to take the action; (8) whether the rulemaking will affect small entities and/or levels of government and, if so, which categories; (9) whether a Regulatory Flexibility Act (RFA) analysis is required (for rules that would have a significant economic impact on a substantial number of small entities); (10) a listing of any analyses an office will prepare or has prepared for the action (With minor exceptions, DOT requires an economic analysis for all its rulemakings.); (11) an agency contact office or official who can provide further information; (12) a Regulation Identifier Number (RIN) assigned to identify an individual rulemaking in the agenda and facilitate tracing further action on the issue; (13) whether the action is subject to the Unfunded Mandates Reform Act; (14) whether the action is subject to the Energy Act; and (15) whether the action is major under the congressional review provisions of the Small Business Regulatory Enforcement Fairness Act. If there is information that does not fit in the other categories, it will be included under a separate heading entitled ``Additional Information.'' For nonsignificant regulations issued routinely and frequently as a part of an established body of technical requirements (such as the Federal Aviation Administration's Airspace Rules), to keep those requirements operationally current, we only include the general category of the regulations, the identity of a contact office or official, and an indication of the expected number of regulations; we do not list individual regulations. In the ``Timetable'' column, we use abbreviations to indicate the particular documents being considered. ANPRM stands for Advance Notice of Proposed Rulemaking, SNPRM for Supplemental Notice of Proposed Rulemaking, and NPRM for Notice of Proposed Rulemaking. Listing a future date in this column does not mean we have made a decision to issue a document; it is the earliest date on which we expect to make a decision on whether to issue it. In addition, these dates are based on current schedules. Information received subsequent to the issuance of this agenda could result in a decision not to take regulatory action or in changes to proposed publication dates. For example, the need for further evaluation could result in a later publication date; evidence of a greater need for the regulation could result in an earlier publication date. Finally, a dot ( ) preceding an entry indicates that the entry appears in the agenda for the first time. Request for Comments General Our agenda is intended primarily for the use of the public. Since its inception, we have made modifications and refinements that we believe provide the public with more helpful information, as well as make the agenda easier to use. We would like you, the public, to make suggestions or comments on how the agenda could be further improved. Reviews We also seek your suggestions on which of our existing regulations you believe need to be reviewed to determine whether they should be revised or revoked. We particularly draw your attention to the Department's review plan in Appendix D. Regulatory Flexibility Act The Department is especially interested in obtaining information on requirements that have a ``significant economic impact on a substantial number of small entities'' and, therefore, must be reviewed under the Regulatory Flexibility Act. If you have any suggested regulations, please submit them to us, along with your explanation of why they should be reviewed. In accordance with the Regulatory Flexibility Act, comments are specifically invited on regulations that we have targeted for review under section 610 of the Act. The phrase (Section 610 Review) appears at the end of the title for these reviews. Please see Appendix D for the Department's section 610 review plans. Federalism Executive Order 13132 requires us to develop an accountable process to ensure ``meaningful and timely input by State and local officials in the development of regulatory policies that have federalism implications.'' ``Policies that have federalism implications'' are defined in the Executive order to include regulations that have substantial direct effects on the States, on the relationship between the National Government and the States, or on the distribution of power and responsibilities among the various levels of government. Therefore, we encourage State and local governments to provide us with information about how the Department's rulemakings impact them. Purpose The Department is publishing this regulatory agenda in the Federal Register to share with interested members of the public the Department's preliminary expectations regarding its future regulatory actions. This should enable the public to be more aware of the Department's regulatory activity and should result in more effective public participation. This publication in the Federal Register does not impose any binding obligation on the Department or any of the offices within the Department with regard to any specific item on the agenda. Regulatory action, in addition to the items listed, is not precluded. Dated: March 25, 2009. Ray LaHood, Secretary of Transportation. Appendix A--Instructions for Obtaining Copies of Regulatory Documents To obtain a copy of a specific regulatory document in the agenda, you should communicate directly with the contact person listed with the regulation at the address below. We note that most if not all such documents, including the semiannual agenda, are available through the Internet at http://www.regulations.gov. See Appendix C for more information. Federal Highway Administration (FHWA) (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 [[Page 21972]] New Jersey Avenue SE., Washington, DC 20590. Federal Railroad Administration (FRA) 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. Federal Transit Administration (FTA) (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. Maritime Administration (MARAD) 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. Federal Aviation Administration (FAA) 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. Office of the Secretary (OST) To obtain a copy of a specific regulatory document or to receive future copies of the Department's regulatory agenda write to: Assistant General Counsel for Regulation and Enforcement, C-50, Office of the General Counsel, Department of Transportation, 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. FRA - Kathryn Shelton, Office of Chief Counsel, 1200 New Jersey Avenue SE., Room W31-214, Washington, DC 20590; telephone (202) 493-6063. FTA - Linda Lasley, Office of Chief Counsel, 1200 New Jersey Avenue SE., Room E56-202, Washington, DC 20590; telephone (202) 366-4063. SLSDC - Carrie Mann Lavigne, Chief Counsel, 1200 New Jersey Avenue SE., Washington, DC 20590; telephone (202) 366-0091. PHMSA - Patricia Burke, Office of Chief Counsel, 1200 New Jersey Avenue SE., Washington, DC 20590; telephone (202) 366-4400. MARAD - Christine Gurland, Office of Chief Counsel, Maritime Administration, 1200 New Jersey Avenue SE., Washington, DC 20590; telephone (202) 366-5157. RITA - Robert Monniere, Office of Chief Counsel, 1200 New Jersey Avenue SE., Washington, DC 20590; telephone (202) 366-5498. OST - Neil Eisner, Office of Regulation and Enforcement, 1200 New Jersey Avenue SE., Washington, DC 20590; telephone (202) 366- 4723. Appendix C--Public Rulemaking Dockets All comments via the Internet are submitted through the Federal Docket Management System (FDMS) at the following address: http://www. regulations.gov. The FDMS allows the public to search, view, download, and comment on all Federal agency rulemaking documents in one central online system. The above referenced Internet address also allows the public to sign up to receive notification when certain documents are placed in the dockets. The public also may review regulatory dockets at, or deliver comments on proposed rulemakings to, the Dockets Office at 1200 New Jersey Avenue SE., Room W12-140, Washington, DC 20590, 1-800-647- 5527. Working Hours: 9-5. Appendix D--Review Plans for Section 610 and Other Requirements Part I--The Plan General The Department of Transportation has long recognized the importance of regularly reviewing its existing regulations to determine whether they need to be revised or revoked. Our 1979 Regulatory Policies and Procedures require such reviews. We also have responsibilities under Executive Order 12866 ``Regulatory Planning and Review'' and section 610 of the Regulatory Flexibility Act to conduct such reviews. This includes the use of plain language techniques in new rules and considering its use in existing rules when we have the opportunity and resources permit its use. We are committed to continuing our reviews of existing rules and, if needed, will initiate rulemaking actions based on these reviews. Section 610 Review Plan Section 610 requires that we conduct reviews of rules that (1) have been published within the last 10 years and (2) have a ``significant economic impact on a substantial number of small entities'' (SEIOSNOSE). It also requires that we publish in the Federal Register each year a list of any such rules that we will review during the next year. The Office of the Secretary and each of the Department's Operating [[Page 21973]] Administrations have a 10-year review plan. These reviews comply with section 610 of the Regulatory Flexibility Act. Other Review Plan(s) All elements of the Department, except for the Federal Aviation Administration (FAA), have also elected to use this 10- year plan process to comply with the review requirements of the Department's Regulatory Policies and Procedures and Executive Order 12866. Changes to the Review Plan Some reviews may be conducted earlier than scheduled. For example, to the extent resources permit, the plain language reviews will be conducted more quickly. Other events, such as accidents, may result in the need to conduct earlier reviews of some rules. Other factors may also result in the need to make changes; for example, we may make changes in response to public comment on this plan or in response to a Presidentially mandated review. If there is any change to the review plan, we will note the change in the following agenda. For any section 610 review, we will provide the required notice prior to the review. Part II--The Review Process The Analysis Generally, the agencies have divided their rules into 10 different groups and plan to analyze one group each year. For purposes of these reviews, a year will coincide with the fall-to- fall schedule for publication of the agenda. Thus, Year 1 (2008) begins in the fall of 2008 and ends in the fall of 2009; Year 2 (2009) begins in the fall of 2009 and ends in the fall of 2010; and so on. We request public comment on the timing of the reviews. For example, is there a reason for scheduling an analysis and review for a particular rule earlier than we have? Any comments concerning the plan or particular analyses should be submitted to the regulatory contacts listed in Appendix B, General Rulemaking Contact Persons. Section 610 Review The Agency will analyze each of the rules in a given year's group to determine whether any rule has a SEIOSNOSE and, thus, requires review in accordance with section 610 of the Regulatory Flexibility Act. The level of analysis will, of course, depend on the nature of the rule and its applicability. Publication of agencies' section 610 analyses listed each fall in this agenda provides the public with notice and an opportunity to comment consistent with the requirements of the Regulatory Flexibility Act. We request that public comments be submitted to us early in the analysis year concerning the small entity impact of the rules to help us in making our determinations. In each fall agenda, the agency will publish the results of the analyses it has completed during the previous year. For rules that had a negative finding on SEIOSNOSE, we will give a short explanation (e.g., ``these rules only establish petition processes that have no cost impact'' or ``these rules do not apply to any small entities''). For parts, subparts, or other discrete sections of rules that do have a SEIOSNOSE, we will announce that we will be conducting a formal section 610 review during the following 12 months. At this stage, we will add an entry to the Agenda in the prerulemaking section describing the review in more detail. We also will seek public comment on how best to lessen the impact of these rules and provide a name or docket to which public comments can be submitted. In some cases, the section 610 review may be part of another unrelated review of the rule. In such a case, we plan to clearly indicate which parts of the review are being conducted under section 610. Other Reviews The Agency will also examine the specified rules to determine whether any other reasons exist for revising or revoking the rule or for rewriting the rule in plain language. In each fall agenda, the Agency will also publish information on the results of the examinations completed during the previous year. The FAA, in addition to reviewing its rules in accordance with the Section 610 Review Plan, has established a Tri-annual process to comply with the review requirements of the Department's Regulatory Policies and Procedures, Executive Order 12866, and Plain Language Review Plan. The FAA's latest review notice was published November 15, 2007 (72 FR 64170). In that notice, the FAA requested comments from the public to identify those regulations currently in effect that it should amend, remove, or simplify. The FAA also requested the public provide any specific suggestions where rules could be developed as performance-based rather than prescriptive, and any specific plain-language that might be used, and provide suggested language on how those rules should be written. The FAA will review the issues addressed by the commenters against its regulatory agenda and rulemaking program efforts and adjust its regulatory priorities consistent with its statutory responsibilities. At the end of this process, the FAA will publish a summary and general disposition of comments and indicate, where appropriate, how it will adjust its regulatory priorities. Part III-- List of Pending Section 610 Reviews The Agenda identifies the pending DOT Section 610 Reviews by inserting (Section 610 Review) after the title for the specific entry. For further information on the pending reviews, see the agenda entries at www.reginfo.gov. For example, to obtain a list of all entries that are Section 610 Reviews under the Regulatory Flexibility Act, a user would select the desired responses on the search screen (by selecting advanced search) and, in effect, generate the desired ``index'' of reviews. OFFICE OF THE SECRETARY SECTION 610 AND OTHER REVIEWS ---------------------------------------------------------------------------------------------------------------- Analysis Year Regulations To Be Reviewed Year Review Year ---------------------------------------------------------------------------------------------------------------- 1 49 CFR parts 91 through 99 and 14 CFR parts 200 through 212............. 2008 2009 2 48 CFR parts 1201 through 1253, and new parts and subparts.............. 2009 2010 3 14 CFR parts 213 through 232............................................ 2010 2011 4 14 CFR parts 234 through 254............................................ 2011 2012 [[Page 21974]] 5 14 CFR parts 255 through 298 and 49 CFR part 40......................... 2012 2013 6 14 CFR parts 300 through 373............................................ 2013 2014 7 14 CFR parts 374 through 398............................................ 2014 2015 8 14 CFR part 399 and 49 CFR parts 1 through 11........................... 2015 2016 9 49 CFR parts 17 through 28.............................................. 2016 2017 10 49 CFR parts 29 through 39 and parts 41 through 89...................... 2017 2018 ---------------------------------------------------------------------------------------------------------------- Year 1 (fall 2008) List of rules 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 FEDERAL AVIATION ADMINISTRATION SECTION 610 REVIEW PLAN ---------------------------------------------------------------------------------------------------------------- Analysis Year Regulations to be Reviewed Year Review Year ---------------------------------------------------------------------------------------------------------------- 1 14 CFR parts 119 through 129 and parts 150 through 156.................. 2008 2009 2 14 CFR parts 133 through 139 and parts 157 through 169.................. 2009 2010 3 14 CFR parts 141 through 147 and parts 170 through 187.................. 2010 2011 4 14 CFR parts 189 through 198 and parts 1 through 16..................... 2011 2012 5 14 CFR parts 17 through 33.............................................. 2012 2013 6 14 CFR parts 34 through 39 and parts 400 through 405.................... 2013 2014 7 14 CFR parts 43 through 49 and parts 406 through 415.................... 2014 2015 8 14 CFR parts 60 through 77.............................................. 2015 2016 9 14 CFR parts 91 through 105............................................. 2016 2017 10 14 CFR parts 417 through 460............................................ 2017 2018 ---------------------------------------------------------------------------------------------------------------- The FAA has elected to use the two-step, 2-year process used by most DOT modes in past plans. As such, the FAA has divided its rules into 10 groups as displayed in the table 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 [[Page 21975]] 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. Original 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. Amendment No. 91-263 Amendment 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. Finding 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. [[Page 21976]] Therefore, the FAA considered alternatives to mitigate the economic impact on these small entities. To 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. FEDERAL 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 adopt","truncated":true,"body_characters":108781}