Federal Register/Vol. 86, No. 60/Wednesday, March 31, 2021/UA

16926 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda

DEPARTMENT OF TRANSPORTATION Purpose reviews of existing regulations, and Appendix A—Instructions for Obtaining completed actions of the Department. Office of the Secretary Copies of Regulatory Documents These are matters on which action has Appendix B—General Rulemaking Contact begun or is projected during the next 12 14 CFR Chs. I–III Persons months or for which action has been Appendix C—Public Rulemaking Dockets Appendix D—Review Plans for Section 610 completed since the last Agenda. 23 CFR Chs. I–III and Other Requirements In addition, this Agenda was prepared in accordance with three executive SUPPLEMENTARY INFORMATION: 33 CFR Chs. I and IV orders issued by President Trump, Background which directed agencies to scrutinize 46 CFR Chs. I–III The U.S. Department of their regulations and other agency Transportation (Department or DOT) actions further. On January 30, 2017, 48 CFR Ch. 12 undertakes regulation only after careful President Trump signed Executive consideration and strives to make clear Order 13771, Reducing Regulation and 49 CFR Subtitle A, Chs. I–VI, and Chs. the way the Department measures the Controlling Regulatory Costs. Under section 2(a) of the Executive order X–XII risks, costs, and benefits of engaging unless prohibited by law, whenever an in—or deciding not to engage in—a [DOT–OST–1999–5129] executive department or agency particular regulatory action. It is our publicly proposes for notice and Department Regulatory and policy to provide an opportunity for comment or otherwise promulgates a Deregulatory Agenda; Semiannual public comment on such actions to all new regulation, it must identify at least Summary interested stakeholders. Above all, two existing regulations to be repealed. transparency and meaningful AGENCY: Office of the Secretary, DOT. On February 24, 2017, President Trump engagement mandate that regulations signed Executive Order 13777, ACTION: Unified Agenda of Federal should be straightforward, clear, and Enforcing the Regulatory Reform Regulatory and Deregulatory Actions accessible to any interested stakeholder. (Regulatory Agenda). Agenda. Under this Executive order, The Department also embraces the each agency must establish a Regulatory notion that there should be no more SUMMARY: The Regulatory and Reform Task Force (RRTF) to evaluate regulations than necessary. We Deregulatory Agenda is a semiannual existing regulations, and make emphasize consideration of non- summary of all current and projected recommendations for their repeal, regulatory solutions and have rigorous rulemakings, reviews of existing replacement, or modification. On March processes in place for continual regulations, and completed actions of 28, 2017, President Trump signed reassessment of existing regulations. the Department. The intent of the Executive Order 13783, Promoting These processes provide that regulations Agenda is to provide the public with Energy Independence and Economic and other agency actions are information about the Department of Growth, requiring agencies to review all periodically reviewed and, if Transportation’s regulatory activity existing regulations, orders, guidance appropriate, are revised to ensure that planned for the next 12 months. It is documents, policies, and other similar they continue to meet the needs for expected that this information will agency actions that potentially burden which they were originally designed, enable the public to more effectively the development or use of domestically and that they remain cost-effective and participate in the Department’s produced energy resources, with cost-justified. DOT was the first agency regulatory process. The public is also particular attention to oil, natural gas, to incorporate the Administration’s invited to submit comments on any coal, and nuclear energy resources. regulatory reform policies permanently, aspect of this Agenda. In response to the mandate in codifying reforms to the Department’s Executive Order 13777, the Department FOR FURTHER INFORMATION CONTACT: rulemaking, guidance, and enforcement formed an RRTF consisting of senior General practices. The rule codifies regulatory career and non-career leaders, which budgeting, the ‘‘2-for-1’’ plan, and the You should direct all comments and has already conducted extensive RRTF, as well as additional procedures reviews of existing regulations, and inquiries on the Agenda in general to for the Department’s most costly rules, Jonathan Dols, Deputy Assistant General identified a number of rules to be including enhanced opportunities for repealed, replaced, or modified. As a Counsel for Regulation, Office of public participation. It also clarifies that General Counsel, Department of result of the RRTF’s work, since January guidance documents do not impose 2017, the Department has issued Transportation, 1200 New Jersey legal obligations and shall not be used deregulatory actions that reduce net Avenue SE, Washington, DC 20590; as a basis for enforcement. Finally, the regulatory costs on the public by more (202) 366–4702. rule ensures due process protections for than $92 billion (in net present value Specific potential subjects of enforcement cost savings). With the RRTF’s actions, including open and fair You should direct all comments and assistance, the Department has achieved investigations and proceedings. inquiries on particular items in the these cost savings in a manner that is To help the Department achieve its Agenda to the individual listed for the fully consistent with safety. For goals and in accordance with Executive regulation or the general rulemaking example, on April 30, 2020, NHTSA Order (E.O.) 12866, ‘‘Regulatory contact person for the operating published the Safer, Affordable, Fuel- Planning and Review,’’ (58 FR 51735; Efficient (SAFE) Vehicles rule in administration in appendix B. Oct. 4, 1993) and the Department’s conjunction with the Environmental Table of Contents ‘‘Administrative Rulemaking, Guidance, Protection Agency. The SAFE Vehicles Supplementary Information and Enforcement Procedures’’ (84 FR rule increases U.S. competitiveness by Background 248; Dec. 27, 2019), the Department reducing regulatory costs by over $163 Significant/Priority Rulemakings prepares a semiannual regulatory and billion dollars and helps American Explanation of Information on the Agenda deregulatory Agenda. It summarizes all consumers afford to buy newer, cleaner, Request for Comments current and projected rulemakings, and safer vehicles by reducing the

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average price of new vehicles. In NHTSA’s regulations outlining the regulatory relief from its hours-of- addition, similarly, on June 1, 2020, administrative processes for petitioning service rules. FRA opened an emergency FMCSA published a rule that would the agency for exemptions, and relief docket pursuant to the save the public billions of dollars by reconsiderations. Similarly, the Federal Administrator’s Declaration of providing greater flexibility to drivers Aviation Administration (FAA) is Emergency Situation, supporting a subject to FMCSA’s hours of service working to enable, safely and efficiently, number of emergency waivers. FAA regulations without reducing safety. the integration of unmanned aircraft took numerous actions to ensure the While each regulatory and systems (UAS) into the National continued safety of the National deregulatory action is evaluated on its Airspace System. UAS are expected to Airspace System and operations own merits, the RRTF augments the continue to drive innovation and supporting essential services, including Department’s consideration of increase safety as operators and addressing expiring medical certificates prospective rulemakings by conducting manufacturers find new and inventive and training requirements for pilots, and regular reviews across all OAs to uses for UAS. For instance, UAS are finalizing a rule to address oxygen mask identify and evaluate potential poised to assist human operators with a usage given the risk of COVID–19 deregulatory actions. The RRTF also number of different mission sets such as transmission. PHMSA provided works to ensure that any new potential inspection of critical infrastructure and temporary relief to enable transportation regulatory action is rigorously vetted, search and rescue, enabling beneficial of hand sanitizer and other disinfecting including an evaluation of the need or and lifesaving activities that would materials. market failure requiring regulatory otherwise be difficult or even Pursuant to the President’s Executive action, and consideration of non- impossible for a human to accomplish Order on Regulatory Relief to Support regulatory alternatives. unassisted. The Department has Economic Recovery, the Department has The Department’s regulatory activities regulatory efforts underway to further been coordinating with each of its are guided by four fundamental integrate UAS safely and efficiently. The Operating Administrations to evaluate principles—safety, innovation, enabling Department’s work to update and how to expedite regulatory relief and investment in infrastructure, and streamline its regulation of the recovery from COVID–19 without reducing unnecessary regulatory commercial space sector is well compromising safety, and determine burdens. These priorities are grounded underway. The FAA has proposed a rule whether such relief may be considered in our national interest in maintaining that will fundamentally change how for permanent incorporation into the U.S. global leadership in safety, FAA licenses launches and reentries of Department’s rules. innovation, and economic growth. In commercial space vehicles moving from light of the unprecedented effects of the Explanation of Information in the prescriptive requirements to a Agenda Coronavirus Disease (COVID–19) public performance based approach. This shift health emergency, these priorities are will facilitate a major transformation of An Office of Management and Budget also grounded in regulatory actions that our national space program from one in memorandum, dated January 16, 2020, assist in our Nation’s recovery. To which the Federal government has a establishes the format for this Agenda. accomplish our regulatory goals, the primary role to one in which private First, the Agenda is divided by Department must create a regulatory industry drives growth in innovation initiating offices. Then the Agenda is environment that fosters growth in new and launches. divided into five categories: (1) Prerule and innovative industries without Since January 2020, the Department stage; (2) proposed rule stage; (3) final burdening them with unnecessary has been providing rapid response and rule stage; (4) long-term actions; and (5) restrictions. At the same time, safety emergency review of legal and completed actions. For each entry, the remains our highest priority; the operational challenges presented by Agenda provides the following Department remains focused on COVID–19 within the transportation information: (1) Its ‘‘significance’’; (2) a managing safety risks and ensuring we network. Domestically, our efforts have short, descriptive title; (3) its legal basis; do not regress from the successes focused on addressing regulatory (4) the related regulatory citation in the already achieved. Our planned compliance made impracticable by the Code of Federal Regulations; (5) any regulatory actions reflect a careful COVID–19 public health emergency due legal deadline and, if so, for what action balance that emphasizes the to office closures, personnel shortages, (e.g., NPRM, final rule); (6) an abstract; Department’s priority in fostering and other restrictions. DOT has (7) a timetable, including the earliest innovation while at the same time provided extensive relief to expected date for when a rulemaking meeting the challenges of maintaining a transportation stakeholders impacted by document may publish; (8) whether the safe, reliable, and sustainable the COVID–19 public health emergency. rulemaking will affect small entities transportation system. The Department has taken over 100 and/or levels of Government and, if so, For example, the National Highway actions to provide emergency relief to which categories; (9) whether a Traffic Safety Administration (NHTSA) transportation stakeholders through Regulatory Flexibility Act (RFA) is working on reducing regulatory regulatory waivers, exemptions, analysis is required (for rules that would barriers to technology innovation, extensions of deadlines, statements of have a significant economic impact on including the integration of automated enforcement discretion, and other a substantial number of small entities); vehicles, while continuing to focus on guidance. (10) a listing of any analyses an office safety. Automated vehicles are expected These actions individually and will prepare or has prepared for the to increase safety significantly by collectively kept our transportation action (with minor exceptions, DOT reducing the likelihood of human error systems and supply chains open to requires an economic analysis for all its when driving, which today accounts for provide critical supplies and services rulemakings); (11) an agency contact the overwhelming majority of crashes during the national emergency. For office or official who can provide on our nation’s roadways. NHTSA plans example, to support commercial vehicle further information; (12) a Regulation to issue regulatory actions that: (1) drivers—including the truckers carrying Identifier Number (RIN) assigned to Allow for updates to current FMVSS to vital medical supplies to hospitals— identify an individual rulemaking in the enable the introduction of new safety FMCSA issued its first ever national Agenda and facilitate tracing further technologies; and (2) streamline emergency declaration to provide action on the issue; (13) whether the

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action is subject to the Unfunded 3. Any rules that the agency has account process to ensure ‘‘meaningful Mandates Reform Act; (14) whether the identified for periodic review under and timely input’’ by State, local, and action is subject to the Energy Act; (15) section 610 of the Regulatory Flexibility tribal officials in the development of the action’s designation under Executive Act. regulatory policies that have federalism Order 13771 explaining whether the Printing of these entries is limited to or tribal implications. These policies are action will have a regulatory or fields that contain information required defined in the Executive orders to deregulatory effect; and (16) whether the by the Regulatory Flexibility Act’s include regulations that have action is major under the congressional Agenda requirements. These elements ‘‘substantial direct effects’’ on States or review provisions of the Small Business are: Sequence Number; Title; Section Indian tribes, on the relationship Regulatory Enforcement Fairness Act. 610 Review, if applicable; Legal between the Federal Government and For nonsignificant regulations issued Authority; Abstract; Timetable; them, or on the distribution of power routinely and frequently as a part of an Regulatory Flexibility Analysis and responsibilities between the Federal established body of technical Required; Agency Contact; and Government and various levels of requirements (such as the Federal Regulation Identifier Number (RIN). Government or Indian tribes. Therefore, Aviation Administration’s Airspace Additional information (for detailed list, we encourage State and local Rules), to keep those requirements see section heading ‘‘Explanation of Governments or Indian tribes to provide operationally current, we only include Information on the Agenda’’) on these us with information about how the the general category of the regulations, entries is available in the Unified Department’s rulemakings impact them. the identity of a contact office or Agenda published on the internet. official, and an indication of the Purpose Request for Comments expected number of regulations; we do The Department is publishing this not list individual regulations. General regulatory Agenda in the Federal In the ‘‘Timetable’’ column, we use DOT’s Agenda is intended primarily Register to share with interested abbreviations to indicate the particular for the use of the public. Since its members of the public the Department’s documents being considered. ANPRM inception, the Department has made preliminary expectations regarding its stands for Advance Notice of Proposed modifications and refinements that future regulatory actions. This should Rulemaking, SNPRM for Supplemental provide the public with more helpful enable the public to be more aware of Notice of Proposed Rulemaking, and information, as well as making the the Department’s regulatory activity and NPRM for Notice of Proposed Agenda easier to use. We would like should result in more effective public Rulemaking. Listing a future date in this you, the public, to make suggestions or participation. This publication in the column does not mean we have made a comments on how the Agenda could be Federal Register does not impose any decision to issue a document; it is the further improved. binding obligation on the Department or earliest date on which a rulemaking any of the offices within the Department document may publish. In addition, Reviews with regard to any specific item on the these dates are based on current The Department also seeks your Agenda. Regulatory action, in addition schedules. Information received after suggestions on which of our existing to the items listed, is not precluded. the issuance of this Agenda could result regulations you believe should be This document of the Department of in a decision not to take regulatory reviewed to determine whether they Transportation was signed on December action or in changes to proposed should be revised or revoked. We 7, 2020, by Elaine L. Chao, Secretary of publication dates. For example, the particularly draw your attention to the Transportation. That document with the need for further evaluation could result Department’s review plan in appendix original signature and date is in a later publication date; evidence of D. maintained by the Department of a greater need for the regulation could Transportation. For administrative result in an earlier publication date. Regulatory Flexibility Act purposes only, and in compliance with Finally, a dot (•) preceding an entry The Department is especially requirements of the Office of the Federal indicates that the entry appears in the interested in obtaining information on Register, the Department of Agenda for the first time. requirements that have a ‘‘significant Transportation has delegated authority The internet is the basic means for economic impact on a substantial to the undersigned RISC Federal disseminating the Unified Agenda. The number of small entities’’ and, therefore, Register Liaison Officer to re-sign and complete Unified Agenda is available must be reviewed under the Regulatory submit the document in electronic online at www.reginfo.gov in a format Flexibility Act. If you have any format for publication, as an official that offers users a greatly enhanced suggested regulations, please submit document of the Department of ability to obtain information from the them to the Department, along with Transportation. This administrative Agenda database. A portion of the your explanation of why they should be process in no way alters the legal effect Agenda is published in the Federal reviewed. of this document upon publication in Register, however, because the In accordance with the Regulatory the Federal Register. Regulatory Flexibility Act (5 U.S.C. 602) Flexibility Act, comments are Dated: March 11, 2021. specifically invited on regulations that mandates publication for the regulatory Alvin Levi Harrod, flexibility agenda. we have targeted for review under Accordingly, DOT’s printed Agenda section 610 of the Act. The phrase (sec. Federal Register Liaison Officer, Regulatory Information Service Center. entries include only: 610 Review) appears at the end of the 1. The agency’s Agenda preamble; title for these reviews. Please see Appendix A—Instructions for 2. Rules that are in the agency’s appendix D for the Department’s section Obtaining Copies of Regulatory regulatory flexibility agenda, in 610 review plans. Documents accordance with the Regulatory To obtain a copy of a specific regulatory Flexibility Act, because they are likely Consultation With State, Local, and Tribal Governments document in the Agenda, you should to have a significant economic impact communicate directly with the contact on a substantial number of small Executive Orders 13132 and 13175 person listed with the regulation at the entities; and require the Department to develop an address below. We note that most, if not all,

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such documents, including the Semiannual Appendix D—Review Plans for Section 1 (2018) begins in the fall of 2018 and ends Regulatory Agenda, are available through the 610 and Other Requirements in the fall of 2019; Year 2 (2019) begins in internet at http://www.regulations.gov. See the fall of 2019 and ends in the fall of 2020, appendix C for more information. Part I—The Plan and so on. The exception to this general rule General is the FAA, which provides information Appendix B—General Rulemaking about the reviews it completed for this year Contact Persons The Department of Transportation has long recognized the importance of regularly and prospective information about the The following is a list of persons who can reviewing its existing regulations to reviews it intends to complete in the next 10 be contacted within the Department for determine whether they need to be revised or years. Thus, for FAA Year 1 (2017) begins in general information concerning the revoked. Our Regulatory Policies and the fall of 2017 and ends in the fall of 2018; rulemaking process within the various Procedures require such reviews. DOT also Year 2 (2018) begins in the fall of 2018 and ends in the fall of 2019, and so on. We operating administrations. has responsibilities under Executive Order 12866, ‘‘Regulatory Planning and Review,’’ request public comment on the timing of the FAA—Brandon Roberts, Acting Executive Executive Order 13563, ‘‘Improving reviews. For example, is there a reason for Director, Office of Rulemaking, 800 Regulation and Regulatory Review,’’ 76 FR scheduling an analysis and review for a Independence Avenue SW, Washington, DC 3821 (January 18, 2011), Executive Order particular rule earlier than we have? Any 20591; telephone (202) 267–9677. 13771, ‘‘Reducing Regulation and Controlling comments concerning the plan or analyses FHWA—Jennifer Outhouse, Office of Chief Regulatory Costs,’’ Executive Order 13777, should be submitted to the regulatory Counsel, 1200 New Jersey Avenue SE, ‘‘Enforcing the Regulatory Agenda,’’ and contacts listed in appendix B, General Washington, DC 20590; telephone (202) 366– section 610 of the Regulatory Flexibility Act Rulemaking Contact Persons. 0761. to conduct such reviews. This includes the FMCSA—Steven J. LaFreniere, Regulatory designation of a Regulatory Reform Officer, Section 610 Review Ombudsman, 1200 New Jersey Avenue SE, the establishment of a Regulatory Reform The agency will analyze each of the rules Washington, DC 20590; telephone (202) 366– Task Force, and the use of plain language in a given year’s group to determine whether 0596. techniques in new rules and considering its any rule has a SEISNOSE and, thus, requires NHTSA—Dee Fujita, Office of Chief use in existing rules when we have the review in accordance with section 610 of the Counsel, 1200 New Jersey Avenue SE, opportunity and resources to revise them. We Regulatory Flexibility Act. The level of are committed to continuing our reviews of Washington, DC 20590; telephone (202) 366– analysis will, of course, depend on the nature existing rules and, if it is needed, will initiate 2992. of the rule and its applicability. Publication rulemaking actions based on these reviews. FRA—Amanda Maizel, Office of Chief The Department began a new 10-year review of agencies’ section 610 analyses listed each Counsel, 1200 New Jersey Avenue SE, cycle with the Fall 2018 Agenda. fall in this Agenda provides the public with Washington, DC 20590; telephone (202) 493– notice and an opportunity to comment 8014. Section 610 Review Plan consistent with the requirements of the FTA—Chaya Koffman, Office of Chief Section 610 requires that we conduct Regulatory Flexibility Act. We request that Counsel, 1200 New Jersey Avenue E, reviews of rules that: (1) Have been public comments be submitted to the Washington, DC 20590; telephone (202) 366– published within the last 10 years; and (2) Department early in the analysis year 3101. have a ‘‘significant economic impact on a concerning the small entity impact of the SLSDC—Carrie Mann Lavigne, Chief substantial number of small entities’’ rules to help us in making our Counsel, 180 Andrews Street, Massena, NY (SEISNOSE). It also requires that we publish determinations. 13662; telephone (315) 764–3200. in the Federal Register each year a list of any In each Fall Agenda, the agency will PHMSA—Robert Ross, Office of Chief such rules that we will review during the publish the results of the analyses it has Counsel, 1200 New Jersey Avenue SE, next year. The Office of the Secretary and completed during the previous year. For each of the Department’s Operating Washington, DC 20590; telephone (202) 768– rules that had a negative finding on Administrations have a 10-year review plan. 1365. SEISNOSE, we will give a short explanation These reviews comply with section 610 of (e.g., ‘‘these rules only establish petition MARAD—Gabriel Chavez, Office of Chief the Regulatory Flexibility Act. Counsel, Maritime Administration, 1200 New processes that have no cost impact’’ or ‘‘these Jersey Avenue SE, Washington, DC 20590; Changes to the Review Plan rules do not apply to any small entities’’). For telephone (202) 366–2621. Some reviews may be conducted earlier parts, subparts, or other discrete sections of OST—Jonathan Dols, Deputy Assistant than scheduled. For example, to the extent rules that do have a SEISNOSE, we will General Counsel for Regulation, 1200 New resources permit, the plain language reviews announce that we will be conducting a Jersey Avenue SE, Washington, DC 20590; will be conducted more quickly. Other formal section 610 review during the telephone (202) 366–4723. events, such as accidents, may result in the following 12 months. At this stage, DOT will need to conduct earlier reviews of some add an entry to the Agenda in the pre- Appendix C—Public Rulemaking rules. Other factors may also result in the rulemaking section describing the review in Dockets need to make changes; for example, we may more detail. We also will seek public make changes in response to public comment comment on how best to lessen the impact All comments submitted via the internet on this plan or in response to a presidentially of these rules and provide a name or docket are submitted through the Federal Docket mandated review. If there is any change to to which public comments can be submitted. Management System (FDMS) at the following the review plan, we will note the change in In some cases, the section 610 review may be address: http://www.regulations.gov. The the following Agenda. For any section 610 part of another unrelated review of the rule. FDMS allows the public to search, view, review, we will provide the required notice In such a case, we plan to clearly indicate download, and comment on all Federal prior to the review. which parts of the review are being agency rulemaking documents in one central conducted under section 610. online system. The above referenced internet Part II—The Review Process address also allows the public to sign up to The Analysis Other Reviews receive notification when certain documents Generally, the agencies have divided their The agency will also examine the specified are placed in the dockets. rules into 10 different groups and plan to rules to determine whether any other reasons The public also may review regulatory analyze one group each year. For purposes of exist for revising or revoking the rule or for dockets at or deliver comments on proposed these reviews, a year will coincide with the rewriting the rule in plain language. In each rulemakings to the Dockets Office at 1200 fall-to-fall schedule for publication of the Fall Agenda, the agency will also publish New Jersey Avenue SE, Room W12–140, Agenda. Most agencies provide historical information on the results of the Washington, DC 20590, 1–800–647–5527. information about the reviews that have examinations completed during the previous Working Hours: 9:00 a.m. to 5:00 p.m. occurred over the past 10 years. Thus, Year year.

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Part III—List of Pending Section 610 reviews, see the Agenda entries at search’’) and, in effect, generate the desired Reviews www.reginfo.gov. For example, to obtain a list ‘‘index’’ of reviews. The Agenda identifies the pending DOT of all entries that are in section 610 Reviews section 610 Reviews by inserting ‘‘(Section under the Regulatory Flexibility Act, a user Office of the Secretary 610 Review)’’ after the title for the specific would select the desired responses on the Section 610 and Other Reviews entry. For further information on the pending search screen (by selecting ‘‘advanced

Year Regulations to be reviewed Analysis year Review year

1 ...... 49 CFR parts 91 through 99 ...... 2018 2019 14 CFR parts 200 through 212 48 CFR parts 1201 through 1224 2 ...... 48 CFR parts 1227 through 1253 and new parts and subparts ...... 2019 2020 3 ...... 14 CFR parts 213 through 232 ...... 2020 2021 4 ...... 14 CFR parts 234 through 254 ...... 2021 2022 5 ...... 14 CFR parts 255 through 298 and 49 CFR part 40 ...... 2022 2023 6 ...... 14 CFR parts 300 through 373 ...... 2023 2024 7 ...... 14 CFR parts 374 through 398 ...... 2024 2025 8 ...... 14 CFR part 399 and 49 CFR parts 1 through 15 ...... 2025 2026 9 ...... 49 CFR parts 17 through 28 ...... 2026 2027 10 ...... 49 CFR parts 29 through 39 and parts 41 through 89 ...... 2027 2028

Year 1 (Fall 2018) List of Rules That Are 48 CFR part 1202—Definitions of Words 48 CFR part 1232—Contract Financing Under Ongoing Analysis and Terms 48 CFR part 1233—Protests, Disputes, 49 CFR part 91—International Air 48 CFR part 1203—Improper Business and Appeals Transportation Fair Competitive Practices and Personal Conflicts of 48 CFR part 1235—Research and Practices Interest Development Contracting 49 CFR part 92—Recovering Debts to the 48 CFR part 1204—Administrative 48 CFR part 1236—Construction and United States by Salary Offset Matters Architect-Engineer Contracts • Section 610: OST conducted a 48 CFR part 1205—Publicizing Contract 48 CFR part 1237—Service Contracting 48 CFR part 1239—Acquisition of Section 610 review of this part and Actions Information Technology found no SEISNOSE. 48 CFR part 1206—Competition • General: The agency is aware of Requirements 48 CFR part 1242—Contract several outdated references to 48 CFR part 1207—Acquisition Administration and Audit Services 48 CFR part 1245—Government operating administrations within Planning 48 CFR part 1208–1210—[Reserved] Contracting the Department that need to be 48 CFR part 1246—Quality Assurance updated. OST’s plain language 48 CFR part 1211—Describing Agency 48 CFR part 1247—Transportation review of these rules indicates no Needs 48 CFR part 1252—Solicitation need for substantial revision. 48 CFR part 1212—[Reserved] Provisions and Contract Clauses 49 CFR part 93—Aircraft Allocation 48 CFR part 1213—Simplified 48 CFR part 1253—Forms 49 CFR part 98—Enforcement of Acquisition Procedures DOT has determined that updates Restrictions on Post-Employment 48 CFR part 1214—Sealed Bidding need to be made to the regulations Activities 48 CFR part 1215—Contracting by identified under Year 2. The regulations 49 CFR part 99—Employee Negotiation will be updated as part of RIN 2105– Responsibilities and Conduct 48 CFR part 1216—Types of Contracts AE26 (Revisions to the Transportation 14 CFR part 200—Definitions and 48 CFR part 1217—Special Contracting Acquisition Regulations). Instructions Methods 14 CFR part 201—Air Carrier Authority 48 CFR part 1218—[Reserved] Federal Aviation Administration under Subtitle VII of Title 49 of the 48 CFR part 1219—Small Business Section 610 and Other Reviews United States Code [Amended] Programs 14 CFR part 203—Waiver of Warsaw 48 CFR part 1220–1221—[Reserved] The Federal Aviation Administration Convention Liability Limits and 48 CFR part 1222—Application of Labor (FAA) has elected to use the two-step, Defenses Laws to Government Acquisitions two-year process used by most 14 CFR part 204—Data to Support 48 CFR part 1223—Environment, Energy Department of Transportation (DOT) Fitness Determinations modes in past plans. As such, the FAA 14 CFR part 205—Aircraft Accident and Water Efficiency, Renewable has divided its rules into 10 groups as Liability Insurance Energy Technologies, Occupational 14 CFR part 206—Certificates of Public Safety, and Drug-Free Workplace displayed in the table below. During the Convenience and Necessity: Special 48 CFR part 1224—Protection of Privacy first year (the ‘‘analysis year’’), all rules Authorizations and Exemptions and Freedom of Information published during the previous 10 years 14 CFR part 207—Charter Trips by U.S. within a 10% block of the regulations Year 2 (Fall 2019) List of Rules will be analyzed to identify those with Scheduled Air Carriers Analyzed and Summary of Results 14 CFR part 208—Charter Trips by U.S. a significant economic impact on a Charter Air Carriers 48 CFR parts 1227 through 1253 and substantial number of small entities 14 CFR part 211—Applications for new parts and subparts (SEISNOSE). During the second year Permits to Foreign Air Carriers 48 CFR part 1227—Patents, Data, and (the ‘‘review year’’), each rule identified 14 CFR part 212—Charter Rules for U.S. Copyrights in the analysis year as having a and Foreign Direct Air Carriers 48 CFR part 1228—Bonds and Insurance SEISNOSE will be reviewed in 48 CFR part 1201—Federal Acquisition 48 CFR part 1231—Contract Costs accordance with section 610(b) to Regulations System Principles and Procedures determine if it should be continued

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without change or changed to minimize those reviews will be published in the impact on small entities. Results of DOT Semiannual Regulatory Agenda.

Year Regulations to be reviewed Analysis year Review year

1 ...... 14 CFR parts 141 through 147 and parts 170 through 187 ...... 2020 2021 2 ...... 14 CFR parts 189 through 198 and parts 1 through 16 ...... 2021 2022 3 ...... 14 CFR parts 17 through 33 ...... 2022 2023 4 ...... 14 CFR parts 34 through 39 and parts 400 through 405 ...... 2023 2024 5 ...... 14 CFR parts 43 through 49 and parts 406 through 415 ...... 2024 2025 6 ...... 14 CFR parts 60 through 77 ...... 2025 2026 7 ...... 14 CFR parts 91 through 107 ...... 2026 2027 8 ...... 14 CFR parts 417 through 460 ...... 2027 2028 9 ...... 14 CFR parts 119 through 129 and parts 150 through 156 ...... 2028 2029 10 ...... 14 CFR parts 133 through 139 and parts 157 through 169 ...... 2029 2030

Defining SEISNOSE for FAA 14 CFR part 15—Administrative claims 14 CFR Part 147—Aviation Maintenance Regulations under Federal Tort Claims Act Technician Schools The RFA does not define ‘‘significant 14 CFR part 16—Rules of practice for Federally-assisted airport Section 610: The agency conducted a economic impact.’’ Therefore, there is Section 610 review of this part and no clear rule or number to determine enforcement proceedings 14 CFR part 189—Use of Federal found no SEISNOSE. when a significant economic impact Aviation Administration General: No changes are needed. occurs. However, the Small Business communications system Administration (SBA) states that 14 CFR Part 170—Establishment and 14 CFR part 193—Protection of significance should be determined by Discontinuance Criteria for Air Traffic voluntarily submitted information Control Services and Navigational considering the size of the business, the 14 CFR part 198—Aviation insurance size of the competitor’s business and the Facilities impact the same regulation has on larger Year 1—List of Rules To Be Analyzed Section 610: The agency conducted a competitors. This Year (2020) Section 610 review of this part and Likewise, the RFA does not define 14 CFR part 141—Pilot Schools found no SEISNOSE. ‘‘substantial number.’’ However, the 14 CFR part 142—Training Centers General: No changes are needed. legislative history of the RFA suggests 14 CFR part 143—Reserved that a substantial number must be at 14 CFR part 144—Does not exist 14 CFR Part 171—Non-Federal least one but does not need to be an 14 CFR part 145—Repair Stations Navigational Facilities overwhelming percentage such as more 14 CFR part 146—Does not exist Section 610: The agency conducted a than half. The SBA states that the 14 CFR part 147—Aviation Maintenance Section 610 review of this part and substantiality of the number of small Technician Schools found no amendments to 14 CFR 185 businesses affected should be 14 CFR part 170—Establishment and since July 2010. Thus, no SEISNOSE determined on an industry-specific Discontinuance Criteria for Air exists in this part. basis. Traffic Control Services and General: No changes are needed. This analysis consisted of the Navigational Facilities following three steps: 14 CFR part 171—Non-Federal 14 CFR Part 183—Representatives of the 1. Review of the number of small Navigation Facilities Administrator entities affected by the amendments to 14 CFR part 172 through 182—Does not Section 610: The agency conducted a parts 141 through 147 and parts 170 exist Section 610 review of this part and through 187. 14 CFR part 183—Representatives of the found no SEISNOSE. 2. Identification and analysis of all Administrator amendments to parts 141 through 147 14 CFR part 184—Does not exist General: No changes are needed. and parts 170 through 187 since July Year 1 (2020) List of Rules Analyzed 14 CFR Part 185—Testimony by 2010 to determine whether any still and Summary of Results Employees and Production of Records have or now have a SEISNOSE. in Legal Proceedings, and Service of 3. Review of the FAA’s regulatory 14 CFR Part 141—Pilot Schools Legal Process and Pleadings flexibility assessment of each Section 610: The agency conducted a Section 610: The agency conducted a amendment performed as required by Section 610 review of this part and the RFA. section 610 review of this part and found no SEISNOSE. found no amendments to 14 CFR 185 General: No changes are needed. Year 2—List of Rules To Be Analyzed since July 2010. Thus, no SEISNOSE Next Year (2021) 14 CFR Part 142—Training Centers exists in this part. 14 CFR part 1—Definitions and Section 610: The agency conducted a General: No changes are needed. abbreviations Section 610 review of this part and 14 CFR Part 187—Fees 14 CFR part 3—General requirements found no SEISNOSE. 14 CFR part 11—General rulemaking General: No changes are needed. Section 610: The agency conducted a procedures section 610 review of this part and 14 CFR part 13—Investigative and 14 CFR Part 145—Repair Stations found no SEISNOSE. enforcement procedures Section 610: The agency conducted a General: No changes are needed. 14 CFR part 14—Rules implementing Section 610 review of this part and Federal Highway Administration the Equal Access to Justice Act of found no SEISNOSE. 1980 General: No changes are needed. Section 610 and Other Reviews

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Year Regulations to be reviewed Analysis year Review year

1 ...... None ...... 2018 2019 2 ...... 23 CFR parts 1 to 260 ...... 2019 2020 3 ...... 23 CFR parts 420 to 470 ...... 2020 2021 4 ...... 23 CFR part 500 ...... 2021 2022 5 ...... 23 CFR parts 620 to 637 ...... 2022 2023 6 ...... 23 CFR parts 645 to 669 ...... 2023 2024 7 ...... 23 CFR parts 710 to 924 ...... 2024 2025 8 ...... 23 CFR parts 940 to 973 ...... 2025 2026 9 ...... 23 CFR parts 1200 to 1252 ...... 2026 2027 10 ...... New parts and subparts ...... 2027 2028

Federal-Aid Highway Program impose the least burden. FHWA’s plain 3 CFR Part 200—Title VI Program and The Federal Highway Administration language review of these rules indicates Related Statutes—Implementation and (FHWA) has adopted regulations in title no need for substantial revision. Review Procedures 23 of the CFR, chapter I, related to the 23 CFR Part 172—Procurement, • Section 610: No SEISNOSE. No Federal-Aid Highway Program. These Management, and Administration of small entities are affected. regulations implement and carry out the Engineering and Design Related • General: No changes are needed. provisions of Federal law relating to the Services These regulations are cost effective and administration of Federal aid for • Section 610: No SEISNOSE. No impose the least burden. FHWA’s plain highways. The primary law authorizing language review of these rules indicates Federal aid for highways is chapter I of small entities are affected. • General: No changes are needed. no need for substantial revision. title 23 of the U.S.C. 145, which These regulations are cost effective and expressly provides for a federally 23 CFR Part 230—External Programs impose the least burden. FHWA’s plain assisted State program. For this reason, language review of these rules indicates • Section 610: No SEISNOSE. No the regulations adopted by the FHWA in no need for substantial revision. small entities are affected. title 23 of the CFR primarily relate to the • General: FHWA is updating these requirements that States must meet to 23 CFR Part 180—Credit Assistance for subpart C of these regulations under RIN receive Federal funds for construction Surface Transportation Projects 2125–AF87 to reduce duplicative and other work related to highways. • Section 610: No SEISNOSE. No burdens. FHWA’s plain language review Because the regulations in title 23 small entities are affected. of these rules indicates no need for primarily relate to States, which are not • General: No changes are needed. substantial revision. defined as small entities under the These regulations are cost effective and Regulatory Flexibility Act, the FHWA impose the least burden. FHWA’s plain 23 CFR Part 260—Education and believes that its regulations in title 23 language review of these rules indicates Training Programs do not have a significant economic no need for substantial revision. • Section 610: No SEISNOSE. No impact on a substantial number of small 23 CFR Part 190—Incentive Payments small entities are affected. entities. The FHWA solicits public • comment on this preliminary for Controlling Outdoor Advertising on General: No changes are needed. conclusion. the Interstate System These regulations are cost effective and • impose the least burden. FHWA’s plain Year 2 (Fall 2019) List of Rules That Section 610: No SEISNOSE. No language review of these rules indicates small entities are affected. Will Be Analyzed During the Next Year • no need for substantial revision. and a Summary of Results General: No changes are needed. These regulations are cost effective and Year 3 (Fall 2020) List of Rules That 23 CFR Part 1—General impose the least burden. FHWA’s plain Will Be Analyzed During the Next Year • language review of these rules indicates Section 610: No SEISNOSE. No 23 CFR part 420—Planning and research no need for substantial revision. small entities are affected. program administration • General: No changes are needed. 23 CFR Part 192—Drug Offender’s These regulations are cost effective and 23 CFR part 450—Planning assistance Driver’s License Suspension impose the least burden. FHWA’s plain and standards language review of these rules indicates • Section 610: No SEISNOSE. No 23 CFR part 460—Public road mileage no need for substantial revision. small entities are affected. for apportionment of highway • General: FHWA is updating these safety funds 23 CFR Part 140—Reimbursement regulations under RIN 2125–AF93 to 23 CFR part 470—Highway systems • increase are cost effectiveness and Section 610: No SEISNOSE. No Federal Motor Carrier Safety reduce burden. FHWA’s plain language small entities are affected. Administration • General: No changes are needed. review of these rules indicates no need These regulations are cost effective and for substantial revision. Section 610 and Other Reviews

Year Regulations to be reviewed Analysis year Review year

1 ...... 49 CFR part 386 ...... 2018 2019 2 ...... 49 CFR part 385 ...... 2019 2020 3 ...... 49 CFR parts 382 and 383 ...... 2020 2021 4 ...... 49 CFR part 380 ...... 2021 2022 5 ...... 49 CFR part 387 ...... 2022 2023 6 ...... 49 CFR part 398 ...... 2023 2024 7 ...... 49 CFR part 392 ...... 2024 2025

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Year Regulations to be reviewed Analysis year Review year

8 ...... 49 CFR part 375 ...... 2025 2026 9 ...... 49 CFR part 367 ...... 2026 2027 10 ...... 49 CFR part 395 ...... 2027 2028

Year 2 (2019) List of Rules With • General: There is no need for in a SEISNOSE, because they do not Ongoing Analysis substantial revision. These regulations introduce new costs to small carriers. provide necessary/clear guidance to • General: There is no need for 49 CFR Part 386—Rules of Practice for industry and drivers. The regulations substantial revision as these regulations Motor Carrier, Intermodal Equipment are written consistent with plain provide necessary guidance to the Provider, Broker, Freight Forwarder, language guidelines, are cost effective, industry. The regulations are written and Hazardous Materials Proceedings and impose the least economic burden consistent with plain language • Section 610: FMCSA analyzed 49 to industry. guidelines and impose the least economic burden to industry. CFR part 386, and found no 49 CFR Part 385—Safety Fitness SEIOSNOSE. 49 CFR part 386 is a Procedures Year 3 (2020) List of Rules That Will Be permissive set of rules that establish • Section 610: FMCSA analyzed 49 Analyzed During the Next Year procedures for respondents, petitioners, CFR part 385, and found no 49 CFR part 382—Controlled Substances and others seeking relief from a SEIOSNOSE. 49 CFR part 385 provides and Alcohol Use and Testing determination of non-compliance with guidance on safety fitness procedures 49 CFR part 383—Commercial Driver’s Federal Motor Carrier Safety including monitoring, new entrants, License Standards; Requirements Regulations or Hazardous Materials intermodal equipment, and hazardous and Penalties Regulations. The rule also provides materials safety permits. The rule National Highway Traffic Safety recourse for commercial drivers to addresses safety initiatives whose cost Administration report employer harassment or coercion are required by 49 CFR parts 360, 367, to violate rules. 387, and 390. These rules do not result Section 610 and Other Reviews

Year Regulations to be reviewed Analysis year Review year

1 ...... 49 CFR parts 571.223 through 571.500, and parts 575 and 579 ...... 2018 2019 2 ...... 23 CFR parts 1200 and 1300 ...... 2019 2020 3 ...... 49 CFR parts 501 through 526 and 571.213 ...... 2020 2021 4 ...... 49 CFR parts 571.131, 571.217, 571.220, 571.221, and 571.222 ...... 2021 2022 5 ...... 49 CFR parts 571.101 through 571.110, and 571.135, 571.136, 571.138 and 571.139 ...... 2022 2023 6 ...... 49 CFR parts 571.141, 529 through 578, except parts 571 and 575 ...... 2023 2024 7 ...... 49 CFR parts 571.111 through 571.129 and 580 through 588 ...... 2024 2025 8 ...... 49 parts CFR 571.201 through 571.212 ...... 2025 2026 9 ...... 49 parts CFR 571.214 through 571.219, except 571.217 ...... 2026 2027

Years 1 and 2 (Fall 20192020) List of 49 CFR part 571.303—Fuel System 49 CFR part 575—Consumer Rules With Ongoing Analysis Integrity of Compressed Natural Gas Information Vehicles 49 CFR part 579—Reporting of 49 CFR part 571.223—Rear Impact 49 CFR part 571.304—Compressed Information and Communications Guards Natural Gas Fuel Container Integrity 49 CFR part 571.224—Rear Impact 49 CFR part 571.305—Electric-Powered About Potential Defects Protection Vehicles: Electrolyte Spillage and 23 CFR part 1200—Uniform Procedures 49 CFR part 571.225—Child Restraint Electrical Shock Protection for State Highway Safety Grant Anchorage Systems 49 CFR part 571.401—Interior Trunk Programs Release 49 CFR part 571.226—Ejection 23 CFR part 1300—Uniform Procedures 49 CFR part 571.403—Platform Lift Mitigation Systems for Motor Vehicles for State Highway Safety Grant 49 CFR part 571.301—Fuel System 49 CFR part 571.404—Platform Lift Programs Integrity Installations in Motor Vehicles Federal Railroad Administration 49 CFR part 571.302—Flammability of 49 CFR part 571.500—Low-Speed Interior Materials Vehicles Section 610 and Other Reviews

Year Regulations to be reviewed Analysis year Review year

1 ...... 49 CFR parts 200, 207, 209, and 210 ...... 2018 2019 2 ...... 49 CFR parts 211, 212, 213, 214, and 215 ...... 2019 2020 3 ...... 49 CFR parts 216, 217, 218, 219, and 220 ...... 2020 2021 4 ...... 49 CFR parts 221, 222, 223, 224, and 225 ...... 2021 2022 5 ...... 49 CFR parts 227, 228, 229, 230, and 231 ...... 2022 2023 6 ...... 49 CFR parts 232, 233, 234, 235, and 236 ...... 2023 2024 7 ...... 49 CFR parts 237, 238, 249, 240, and 241 ...... 2024 2025 8 ...... 49 CFR parts 242, 243, 244, 250, and 256 ...... 2025 2026 9 ...... 49 CFR parts 261, 262, 264, 266, and 268 ...... 2026 2027

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Year Regulations to be reviewed Analysis year Review year

10 ...... 49 CFR parts 269, 270, and 272 ...... 2027 2028

Year 2 (Fall 2019) List of Rules D General: The rule prescribes Federal Transit Administration Analyzed and a Summary of Results minimum safety requirements for Section 610 and Other Reviews 49 CFR Part 211—Rules of Practice railroad track that is part of the general railroad system of transportation. The The Regulatory Flexibility Act of 1980 D Section 610: There is no objective of the rule is to enhance the SEIOSNOSE. (RFA), as amended (sections 601 safety of rail transportation, protecting through 612 of title 5, United States D General: No changes are needed. both those traveling and working on the Code), requires Federal regulatory These regulations are cost effective and system and those off the system who agencies to analyze all proposed and impose the least burden. FRA’s plain might be adversely affected by a rail language review of this rule indicates no incident. FRA’s plain language review final rules to determine their economic need for substantial revision. of this rule indicates no need for impact on small entities, which include small businesses, organizations, and 49 CFR Part 212—State Safety substantial revision. governmental jurisdictions. Section 610 Participation Regulations 49 CFR Part 214—Railroad Workplace requires government agencies to D Section 610: There is no Safety periodically review all regulations that SEIOSNOSE. D Section 610: There is a SEIOSNOSE. will have a significant economic impact D General: No changes are needed. As part of the rulemaking process, FRA on a substantial number of small entities These regulations are cost effective and conducted a review of the impact that (SEISNOSE). impose the least burden. FRA’s plain this rulemaking could have on small In complying with this section, the language review of this rule indicates no businesses and whether any need for substantial revision. opportunities may exist to reduce the Federal Transit Administration (FTA) burdens on small railroads without has elected to use the two-step, two-year 49 CFR Part 213—Track Safety process used by most Department of Standards compromising safety. D Transportation (DOT) modes. As such, • General: FRA’s plain language Section 610: This rule is expected review of this rule indicates no need for FTA has divided its rules into 10 groups to have a significant economic impact substantial revision. as displayed in the table below. During on a substantial number of small entities the analysis year, the listed rules will be 49 CFR Part 215—Railroad Freight Car (SEIOSNOSE). These small entities are analyzed to identify those with a Safety Standards approximately 737 short line railroads. SEISNOSE. During the review year, each As part of the rulemaking process, FRA D Section 610: There is a SEIOSNOSE. rule identified in the analysis year as D conducted a review of the impact that General: No changes are needed. having a SEISNOSE will be reviewed in this rulemaking could have on small This rule already limits economic accordance with Section 610(b) to businesses and whether any impact on small entities through determine if it should be continued opportunities may exist to reduce the Appendix D of the rule. FRA’s plain without change or changed to minimize burdens on small railroads without language review of this rule indicates no compromising safety. need for substantial revision. the impact on small entities.

Year Regulations to be reviewed Analysis year Review year

1 ...... 49 CFR parts 604, 605, and 624 ...... 2018 2019 2 ...... 49 CFR parts 609 and 640 ...... 2019 2020 3 ...... 49 CFR part 633 ...... 2020 2021 4 ...... 49 CFR part 611 ...... 2021 2022 5 ...... 49 CFR part 655 ...... 2022 2023 6 ...... 49 CFR parts 602 and 614 ...... 2023 2024 7 ...... 49 CFR parts 661 and 663 ...... 2024 2025 8 ...... 49 CFR parts 625, 630, and 665 ...... 2025 2026 9 ...... 49 CFR parts 613, 622, 670 and 674 ...... 2026 2027 10 ...... 49 CFR parts 650, 672 and 673 ...... 2027 2028

Year 2 (2019) List of Rules Analyzed and handicapped persons during non- 49 CFR Part 640—Credit Assistance for and Summary of Results peak hours for transportation utilizing Surface Transportation Projects or involving the facilities and 49 CFR Part 609—Transportation for • Section 610: FTA conducted a Elderly and Handicapped Persons equipment of the project financed with FTA assistance. Section 610 review of 49 CFR part 640 • Section 610: FTA conducted a and determined that it would not result • Section 610 review of 49 CFR part 609 General: No changes are needed. in a SEISNOSE within the meaning of and determined that it would not result FTA estimated the costs and projected the RFA. The regulation is a cross- in a SEISNOSE within the meaning of benefits of the rule and believes it is reference to the Department of the RFA. The rule ensures that cost-effective and imposes the least Transportation’s Credit Assistance for applicants for financial assistance under burden. FTA’s plain language review of Surface Transportation Projects section 5307 of title 49, United States this rule indicates no need for regulation at 49 CFR part 80. FTA does Code, as a condition of receiving such substantial revision. not own the cross-referenced regulation assistance, provide half-fares for elderly and, accordingly, cannot make changes

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or determine whether it is a SEISNOSE Year 3 (2020) List of Rules To Be Maritime Administration within the meaning of the RFA. Analyzed the Next Year • General: No changes are needed. Section 610 and Other Reviews The regulation is a cross-reference to a 49 CFR Part 633—Project Management DOT regulation. Oversight

Year Regulations to be reviewed Analysis year Review year

1 ...... 46 CFR parts 201 through 205, 46 CFR parts 315 through 340, 46 CFR part 345 through 2018 2019 347, and 46 CFR parts 381 and 382. 2 ...... 46 CFR parts 221 through 232 ...... 2019 2020 3 ...... 46 CFR parts 249 through 296 ...... 2020 2021 4 ...... 46 CFR parts 221, 298, 308, and 309 ...... 2021 2022 5 ...... 46 CFR parts 307 through 309 ...... 2022 2023 6 ...... 46 CFR part 310 ...... 2023 2024 7 ...... 46 CFR parts 315 through 340 ...... 2024 2025 8 ...... 46 CFR parts 345 through 381 ...... 2025 2026 9 ...... 46 CFR parts 382 through 389 ...... 2026 2027 10 ...... 46 CFR parts 390 through 393 ...... 2027 2028

Year 1 (2018) List of Rules With 46 CFR part 337—General Agent’s on small entities. MARAD’s plain Ongoing Analysis Responsibility in Connection with language review of this rule indicates no 46 CFR part 201—Rules of Practice and Foreign Repair Custom’s Entries need of substantial revision. Procedure 46 CFR part 338—Procedure for Accomplishment of Vessel Repairs Year 2 (2019) List of Rules Analyzed 46 CFR part 202—Procedures relating to and a Summary of Results review by Secretary of Under National Shipping Authority Transportation of actions by Master Lump Sum Repair 46 CFR Part 221—Regulated Maritime Subsidy Board Contract—NSA-Lumpsumrep Transactions Involving Documented 46 CFR part 203—Procedures relating to 46 CFR part 339—Procedure for Vessels and Other Maritime Interests Accomplishment of Ship Repairs conduct of certain hearings under • Section 610: There is no the Merchant Marine Act, 1936, as Under National Shipping Authority Individual Contract for Minor SEIOSNOSE. amended • General: The purpose of this rule is 46 CFR part 205—Audit Appeals; Policy Repairs—NSA-Workmanship 46 CFR part 340—Priority Use and to govern practice and procedure in and Procedure regulating interest in or control of 46 CFR part 315—Agency Agreements Allocation of Shipping Services, Containers and Chassis, and Port Documented Vessels owned by Citizens and Appointment of Agents of the United States to Noncitizens and 46 CFR part 317—Bonding of Ship’s Facilities and Services for National Security and National Defense transactions involving certain maritime Personnel interests in time of war or national 46 CFR part 324—Procedural Rules for Related Operations emergency. The agency has determined Financial Transactions Under 46 CFR part 345—Restrictions Upon the that the rule is cost-effective and Agency Agreements Transfer or Change in Use or In imposes the least possible burden on 46 CFR part 325—Procedure to Be Terms Governing Utilization of Port small entities. MARAD’s plain language Followed by General Agents in Facilities review of this rule indicates no need of Preparation of Invoices and 46 CFR part 346—Federal Port substantial revision. Payment of Compensation Pursuant Controllers 46 CFR part 347—Operating Contract to Provisions of NSA Order No. 47 46 CFR part 381—Cargo Preference— 46 CFR 232—Uniform Financial 46 CFR part 326—Marine Protection and U.S.-Flag Vessels Reporting Requirements Indemnity Insurance Under 46 CFR part 382—Determination of Fair • Section 610: There is no Agreements with Agents and Reasonable Rates for the 46 CFR part 327—Seamen’s Claims; SEIOSNOSE. Carriage of Bulk and Packaged • Administrative Action and General: The purpose of this rule is Preference Cargoes on U.S.-Flag Litigation to govern practice and procedure to all 46 CFR part 328—Slop Chests Commercial Vessels participants in financial assistance 46 CFR part 329—Voyage Data Year 1 (2018) List of Rules Analyzed programs administered by the Maritime 46 CFR part 330—Launch Services and a Summary of Results Administration. The agency has 46 CFR part 332—Repatriation of determined that the rule is cost-effective Seamen 46 CFR Part 204—Claims Against the and imposes the least possible burden 46 CFR part 335—Authority and Maritime Administration Under the on small entities. MARAD’s plain Responsibility of General Agents to Federal Tort Claims Act language review of this rule indicates no Undertake Emergency Repairs in • Section 610: There is no need of substantial revision. Foreign Ports SEIOSNOSE. Year 3 (2020) List of Rules That Will Be 46 CFR part 336—Authority and • General: The purpose of this rule is Analyzed During This Year Responsibility of General Agents to to prescribe the requirements and Undertake in Continental United procedures for administrative claims 46 CFR part 249—Approval of States Ports Voyage Repairs and against the United States involving the Underwriters for Marine Hull Service Equipment of Vessels Maritime Administration under the Insurance Operated for the Account of The Federal Tort Claims Act. The agency has 46 CFR part 272—Requirements and National Shipping Authority Under determined that the rule is cost-effective Procedures for Conducting General Agency Agreement and imposes the least possible burden Condition Surveys and

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Administering Maintenance and Vessels, Operating-Differential 46 CFR part 296—Maritime Security Repair Subsidy Subsidy Vessels and of Vessels Sold Program 46 CFR part 277—Domestic and Foreign or Adjusted Under the Merchant Pipeline and Hazardous Materials Trade; Interpretations Ship Sales Act of 1946 46 CFR part 287—Establishment of Safety Administration (PHMSA) 46 CFR part 295—Maritime Security Construction Reserve Funds Section 610 and Other Reviews 46 CFR part 289—Insurance of Program Construction-Differential Subsidy

Year Regulations to be reviewed Analysis year Review year

1 ...... 49 CFR part 178 ...... 2018 2019 2 ...... 49 CFR parts 178 through 180 ...... 2019 2020 3 ...... 49 CFR parts 172 and 175 ...... 2020 2021 4 ...... 49 CFR part 171, sections 171.15 and 171.16 ...... 2021 2022 5 ...... 49 CFR parts 106, 107, 171, 190, and 195 ...... 2022 2023 6 ...... 49 CFR parts 174, 177, and 199 ...... 2023 2024 7 ...... 49 CFR parts 176, 191 and 192 ...... 2024 2025 8 ...... 49 CFR parts 172 and 178 ...... 2025 2026 9 ...... 49 CFR parts 172, 173, 174, 176, 177, and 193 ...... 2026 2027 10 ...... 49 CFR parts 173 and 194 ...... 2027 2028

Year 2 (Fall 2020) List of Rules As an example, the Modal Regulatory because of the proposed amendments in Analyzed and a Summary of Results Reforms Initiatives, 2137–AF41, the 2137–AF41 rulemaking. The • rulemaking action is part of PHMSA’s proposed amendments are expected to 49 CFR part 178—Specifications for response to clarify current regulatory result in an overall net cost savings and Packaging requirements and address public ease the regulatory compliance burden • 49 CFR part 179—Specifications for comments received to the Department’s for shippers, carriers, manufacturers, Tank Cars regulatory reform and infrastructure and requalifiers, specifically those • 49 CFR part 180—Continuing notices. This rulemaking also proposes modal-specific packaging and Qualification and Maintenance of to address a variety of petitions for requalification requirements. This Packaging rulemaking, specific to modal rulemaking is one example of PHMSA’s stakeholders, and other issues identified Section 610: PHMSA conducted a review of rulemakings which ensures by PHMSA during its regulatory review. that our rules do not have a significant review of these parts and found no The impact that the 2137–AF41 SEISNOSE. economic impact on a substantial rulemaking will have on small entities number of small entities. • General: PHMSA has reviewed is not expected to be significant. The these parts and found that while these rulemaking is based on PHMSA’s Year 3 (Fall 2021) List of Rules That parts do not have SEISNOSE, they could initiatives and correspondence with the Will Be Analyzed During the Next Year be streamlined to reflect new regulated community, as well as 49 CFR part 172—Hazardous Materials technologies and updated to reflect PHMSA’s consultation with its modal Table, Special Provisions, current practices. Therefore, PHMSA partners, including FMCSA, FRA, and Hazardous Materials has initiated deregulatory rulemakings the United States Coast Guard (USCG). Communications, Emergency to reduce the compliance burdens of The proposed changes are generally Response Information, Training parts 178, 179, and 180. Further, intended to provide regulatory relief or Requirements, and Security Plans PHMSA’s plain language review of these clarity and, as a result, positive parts indicates no need for substantial economic benefits to shippers, carriers, 49 CFR part 175—Carriage by Aircraft revision. Where confusing or ambiguous and packaging manufacturers and Saint Lawrence Seaway Development language has been identified, PHMSA testers, including small entities. Corporation plans to propose or finalize revisions in In conclusion, many companies are rulemakings. expecting to realize economic benefits, Section 610 and Other Reviews

Year Regulations to be reviewed Analysis year Review year

1 ...... * 33 CFR parts 401 through 403 ...... 2018 2019 * The review for these regulations is recurring each year of the 10-year review cycle (currently 2018 through 2027).

Year 1 (Fall 2018) List of Rules That 33 CFR part 402—Tariff of Tolls Will Be Analyzed During the Next Year 33 CFR part 403—Rules of Procedure of 33 CFR part 401—Seaway Regulations the Joint Tolls Review Board and Rules

OFFICE OF THE SECRETARY—FINAL RULE STAGE

Regulation Sequence No. Title Identifier No.

289 ...... + Defining Unfair or Deceptive Practices ...... 2105–AE72

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OFFICE OF THE SECRETARY—FINAL RULE STAGE—Continued

Regulation Sequence No. Title Identifier No.

290 ...... + Accessible Lavatories on Single-Aisle Aircraft: Part I (Rulemaking Resulting From a Section 610 Re- 2105–AE88 view). 291 ...... Civil Monetary Penalties 2021 Inflation Adjustment (Section 610 Review) ...... 2105–AE99 + DOT-designated significant regulation.

OFFICE OF THE SECRETARY—LONG-TERM ACTIONS

Regulation Sequence No. Title Identifier No.

292 ...... + Air Transportation Consumer Protection Requirements for Ticket Agents (Section 610 Review) ...... 2105–AE57 + DOT-designated significant regulation.

FEDERAL AVIATION ADMINISTRATION—PRERULE STAGE

Regulation Sequence No. Title Identifier No.

293 ...... + Applying the Flight, Duty, and Rest Rules of 14 CFR Part 135 to Tail-End Ferry Operations (FAA Reau- 2120–AK26 thorization). + DOT-designated significant regulation.

FEDERAL AVIATION ADMINISTRATION—PROPOSED RULE STAGE

Regulation Sequence No. Title Identifier No.

294 ...... + Aircraft Registration and Airmen Certification Fees ...... 2120–AK37 295 ...... Requirements to File Notice of Construction of Meteorological Evaluation Towers and Other Renewable 2120–AK77 Energy Projects (Section 610 Review). + DOT-designated significant regulation.

FEDERAL AVIATION ADMINISTRATION—FINAL RULE STAGE

Regulation Sequence No. Title Identifier No.

296 ...... + Airport Safety Management System ...... 2120–AJ38 297 ...... + Pilot Records Database (HR 5900) ...... 2120–AK31 298 ...... + Registration and Marking Requirements for Small Unmanned Aircraft (Reg Plan Seq No. 71) ...... 2120–AK82 299 ...... + Operations of Small Unmanned Aircraft Over People ...... 2120–AK85 300 ...... + Remote Identification of Unmanned Aircraft Systems ...... 2120–AL31 + DOT-designated significant regulation. References in boldface appear in The Regulatory Plan in part II of this issue of the Federal Register.

FEDERAL AVIATION ADMINISTRATION—LONG-TERM ACTIONS

Regulation Sequence No. Title Identifier No.

301 ...... + Regulation Of Flight Operations Conducted By Alaska Guide Pilots ...... 2120–AJ78 302 ...... + Drug and Alcohol Testing of Certain Maintenance Provider Employees Located Outside of the United 2120–AK09 States. 303 ...... + Helicopter Air Ambulance Pilot Training and Operational Requirements (HAA II) (FAA Reauthorization) .. 2120–AK57 + DOT-designated significant regulation.

FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION—FINAL RULE STAGE

Regulation Sequence No. Title Identifier No.

304 ...... + Controlled Substances and Alcohol Testing: State Driver’s Licensing Agency Downgrade of Commercial 2126–AC11 Driver’s License (Section 610 Review). + DOT-designated significant regulation.

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FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION—LONG-TERM ACTIONS

Regulation Sequence No. Title Identifier No.

305 ...... + Safety Monitoring System and Compliance Initiative for Mexico-Domiciled Motor Carriers Operating in 2126–AA35 the United States. + DOT-designated significant regulation.

SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION—FINAL RULE STAGE

Regulation Sequence No. Title Identifier No.

306 ...... Seaway Regulations and Rules: Periodic Update, Various Categories (Rulemaking Resulting From a 2135–AA49 Section 610 Review). 307 ...... Tariff of Tolls (Rulemaking Resulting From a Section 610 Review) ...... 2135–AA50

PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION—FINAL RULE STAGE

Regulation Sequence No. Title Identifier No.

308 ...... + Pipeline Safety: Amendments to Parts 192 and 195 to Require Valve Installation and Minimum Rupture 2137–AF06 Detection Standards. 309 ...... + Hazardous Materials: Enhanced Safety Provisions for Lithium Batteries Transported by Aircraft (FAA 2137–AF20 Reauthorization Act of 2018). + DOT-designated significant regulation.

DEPARTMENT OF TRANSPORTATION future enforcement orders the basis for Legal Authority: 49 U.S.C. 41705; (DOT) concluding that a practice is unfair or FAA Reauthorization Act of 2016, Pub deceptive where no existing regulation L. No. 114–190, 130 Stat. 615, 622 Office of the Secretary (OST) governs the practice in question, state Abstract: This rulemaking would Final Rule Stage the basis for its conclusion that a require airlines to take steps to improve practice is unfair or deceptive when it 289. +Defining Unfair or Deceptive the accessibility of lavatories on single- issues discretionary aviation consumer Practices aisle aircraft short of increasing the size protection regulations, and apply formal of the lavatories. The rulemaking would E.O. 13771 Designation: Deregulatory. hearing procedures for discretionary ensure the accessibility of features Legal Authority: 49 U.S.C. 41712 aviation consumer protection within an aircraft lavatory, including Abstract: This rulemaking would rulemakings. In addition, this but not limited to, toilet seat, assist define the phrase ‘‘unfair or deceptive rulemaking would codify the handles, faucets, flush control, practice’’ found in the Department’s longstanding practice of the Department attendant call buttons, lavatory controls aviation consumer protection statute. to offer airlines and ticket agents the and dispensers, lavatory door sill, and The Department’s statute is modeled opportunity to be heard and present door locks. The rulemaking would also after a similar statute granting the relevant evidence before any consider standards for the on-board Federal Trade Commission (FTC) the determination is made on how to wheelchair to improve its safety/ authority to regulate unfair or deceptive resolve a matter involving a potential maneuverability and easily permit its practices. Using the FTC’s policy unfair or deceptive practice. entry into the aircraft lavatory. statements as a guide, the Department Timetable: Timetable: has found a practice to be unfair if it causes or is likely to cause substantial Action Date FR Cite Action Date FR Cite harm, the harm cannot reasonably be Final Rule ...... 11/00/20 avoided, and the harm is not NPRM ...... 01/02/20 85 FR 27 outweighed by any countervailing Regulatory Flexibility Analysis NPRM Comment 03/02/20 benefits to consumers or to competition. Required: Yes. Period End. Likewise, the Department has found a Agency Contact: Blane A. Workie, Final Rule ...... 12/00/20 practice to be deceptive if it misleads or Assistant General Counsel, Department is likely to mislead a consumer acting of Transportation, Office of the Regulatory Flexibility Analysis reasonably under the circumstances Secretary, 1200 New Jersey Avenue SE, Required: No. with respect to a material issue (one that Washington, DC 20590, Phone: 202 366– Agency Contact: Blane A. Workie, is likely to affect the consumer’s 9345, Fax: 202 366–7153, Email: decision with regard to a product or Assistant General Counsel, Department [email protected]. of Transportation, Office of the service). This rulemaking would codify RIN: 2105–AE72 the Department’s existing interpretation Secretary, 1200 New Jersey Avenue SE, of ‘‘unfair or deceptive practice,’’ and 290. +Accessible Lavatories on Single– Washington, DC 20590, Phone: 202 366– seek comment on any whether changes Aisle Aircraft: Part I (Rulemaking 9345, Fax: 202 366–7153, are needed. The rulemaking would also Resulting From a Section 610 Review) Email:[email protected]. require the Department to articulate in E.O. 13771 Designation: Deregulatory. RIN: 2105–AE88

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291. • Civil Monetary Penalties 2021 Regulatory Flexibility Analysis DEPARTMENT OF TRANSPORTATION Inflation Adjustment (Section 610 Required: No. (DOT) Review) Agency Contact: Blane A. Workie, Federal Aviation Administration (FAA) E.O. 13771 Designation: Not subject Assistant General Counsel, Department to, not significant. of Transportation, Office of the Proposed Rule Stage Legal Authority: Not Yet Determined Secretary, 1200 New Jersey Avenue SE, 294. +Aircraft Registration and Airmen Abstract: This rulemaking will adjust Washington, DC 20590, Phone: 202 366– Certification Fees civil penalties assessed by the 9345, Fax: 202 366–7153, Email: Department for inflation, as required by E.O. 13771 Designation: Fully or [email protected]. the Federal Civil Penalties Inflation Partially Exempt. Adjustment Act Improvements Act of RIN: 2105–AE57 Legal Authority: 31 U.S.C. 9701; 4 2015. To ensure coordination across the U.S.T. 1830; 49 U.S.C. 106(f); 49 U.S.C. Department, the Office of the Secretary 106(g); 49 U.S.C. 106(l)(6); 49 U.S.C. is publishing one omnibus rule 40104; 49 U.S.C. 40105; 49 U.S.C. DEPARTMENT OF TRANSPORTATION 40109; 49 U.S.C. 40113; 49 U.S.C. updating all of the affected modes and (DOT) offices’ civil monetary penalties for 40114; 49 U.S.C. 44101 to 44108; 49 2021. Federal Aviation Administration (FAA) U.S.C. 44110 to 44113; 49 U.S.C. 44701 Timetable: to 44704; 49 U.S.C. 44707; 49 U.S.C. Prerule Stage 44709 to 44711; 49 U.S.C. 44713; 49 Action Date FR Cite 293. +Applying the Flight, Duty, and U.S.C. 45102; 49 U.S.C. 45103; 49 U.S.C. 45301; 49 U.S.C. 45302; 49 U.S.C. Rest Rules of 14 CFR Part 135 to Tail– Final Rule ...... 01/00/21 45305; 49 U.S.C. 46104; 49 U.S.C. End Ferry Operations (FAA 46301; Pub. L. 108–297, 118 Stat. 1095 Regulatory Flexibility Analysis Reauthorization) Abstract: This rulemaking would Required: No. establish fees for airman certificates, Agency Contact: Blaine A. Workie, E.O. 13771 Designation: Regulatory. medical certificates, and provision of Assistant General Counsel, Department Legal Authority: 49 U.S.C. 106(f); 49 legal opinions pertaining to aircraft of Transportation, Office of the U.S.C. 106(g); 49 U.S.C. 1153; 49 U.S.C. registration or recordation. This Secretary, 1200 New Jersey Avenue SE, 40101; 49 U.S.C. 40102; 49 U.S.C. rulemaking also would revise existing Washington, DC 20590, Phone: 202 366– 40103; 49 U.S.C. 40113; 49 U.S.C. 9345, Fax: 202 366–7153, Email: fees for aircraft registration, recording of 41706; 49 U.S.C. 44105; 49 U.S.C. security interests in aircraft or aircraft [email protected]. 44106; 49 U.S.C. 44111; 49 U.S.C. 44701 RIN: 2105–AE99 parts, and replacement of an airman to 44717; 49 U.S.C. 44722; 49 U.S.C. certificate. This rulemaking addresses 44901; 49 U.S.C. 44903; 49 U.S.C. provisions of the FAA Modernization 44904; 49 U.S.C. 44906; 49 U.S.C. and Reform Act of 2012. This DEPARTMENT OF TRANSPORTATION 44912; 49 U.S.C. 44914; 49 U.S.C. rulemaking is intended to recover the (DOT) 44936; 49 U.S.C. 44938; 49 U.S.C. 45101 estimated costs of the various services Office of the Secretary (OST) to 45105; 49 U.S.C. 46103 and activities for which fees would be established or revised. Long-Term Actions Abstract: This rulemaking would require a flightcrew member who is Timetable: 292. +Air Transportation Consumer employed by an air carrier conducting Action Date FR Cite Protection Requirements for Ticket operations under part 135, and who Agents (Section 610 Review) accepts an additional assignment for NPRM ...... 10/00/21 E.O. 13771 Designation: Regulatory. flying under part 91 from the air carrier Legal Authority: 49 U.S.C. 41712; or from any other air carrier conducting Regulatory Flexibility Analysis FAA Reauthorization Act of 2018, sec. operations under part 121 or 135, to Required: Yes. 427 apply the period of the additional Agency Contact: Isra Raza, Abstract: This rulemaking would assignment toward any limitation Department of Transportation, Federal address a number of proposals to applicable to the flightcrew member Aviation Administration, 800 enhance protections for air travelers and relating to duty periods or flight times Independence Avenue SW, Washington, to improve the air travel environment. under part 135. DC 20591, Phone: 202 267–8994, Email: Specifically, this rulemaking would [email protected]. enhance airline passenger protections Timetable: RIN: 2120–AK37 by addressing whether to codify in regulation a definition of the term Action Date FR Cite 295. Requirements To File Notice of ‘‘ticket agent.’’ The rulemaking would Construction of Meteorological ANPRM ...... 06/00/21 also consider whether to require large Evaluation Towers and Other travel agents to adopt minimum Renewable Energy Projects (Section 610 customer service standards and prohibit Regulatory Flexibility Analysis Review) the unfair and deceptive practice of Required: Yes. E.O. 13771 Designation: Regulatory. post-purchase price increases. These Agency Contact: Stephen Moates, Legal Authority: 49 U.S.C. 40103 issues, previously part of a rulemaking Department of Transportation, Federal Abstract: This rulemaking would add known as Airline Pricing Transparency Aviation Administration, 800 specific requirements for proponents and Other Consumer Protection Issues, Independence Avenue SW, Washington, who wish to construct meteorological (2105–AE11) have been separated into DC 20591, Phone: 202 267–4147, Email: evaluation towers at a height of 50 feet above ground level (AGL) up to 200 feet this proceeding. [email protected]. Timetable: Next Action AGL to file notice of construction with Undetermined. RIN: 2120–AK26 the FAA. This rule also requires

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sponsors of wind turbines to provide Action Date FR Cite 298. +Registration and Marking certain specific data when filing notice Requirements for Small Unmanned of construction with the FAA. This End of Second 07/05/11 Aircraft rulemaking is a statutory mandate under Extended Com- ment Period. Regulatory Plan: This entry is Seq. section 2110 of the FAA Extension, No. 71 in part II of this issue of the Safety, and Security Act of 2016 (Pub. Second NPRM .... 07/14/16 81 FR 45871 Second NPRM 09/12/16 Federal Register. L. 114–190). Comment Pe- RIN: 2120–AK82 Timetable: riod End. Final Rule ...... 12/00/20 299. +Operations of Small Unmanned Action Date FR Cite Aircraft Over People E.O. 13771 Designation: Deregulatory. NPRM ...... 10/00/21 Regulatory Flexibility Analysis Required: Yes. Legal Authority: 49 U.S.C. 106(f); 49 Agency Contact: James Schroeder, U.S.C. 40101; 49 U.S.C. 40103(b); 49 Regulatory Flexibility Analysis U.S.C. 44701(a)(5); Pub. L. 112–95, sec Required: No. Department of Transportation, Federal Aviation Administration, Phone: 202 333 Agency Contact: Sheri Edgett–Baron, Abstract: This rulemaking would Air Traffic Service, Department of 267–4974, Email: james.schroeder@ faa.gov. address the performance-based Transportation, Federal Aviation standards and means-of-compliance for Administration, 800 Independence RIN: 2120–AJ38 operation of small unmanned aircraft Avenue SW, Washington, DC 20591, 297. +Pilot Records Database (HR 5900) systems (UAS) over people not directly Phone: 202 267–9354, Email: participating in the operation or not [email protected]. E.O. 13771 Designation: Regulatory. under a covered structure or inside a RIN: 2120–AK77 Legal Authority: 49 U.S.C. 106(f); 49 stationary vehicle that can provide U.S.C. 106(g); 49 U.S.C. 1155; 49 U.S.C. reasonable protection from a falling 40103; 49 U.S.C. 40113; 49 U.S.C. small unmanned aircraft. This rule DEPARTMENT OF TRANSPORTATION 40119; 49 U.S.C. 40120; 49 U.S.C. would provide relief from certain (DOT) 41706; 49 U.S.C. 44101; 49 U.S.C. operational restrictions implemented in 44111; 49 U.S.C. 44701 to 44705; 49 the Operation and Certification of Small Federal Aviation Administration (FAA) U.S.C. 44709 to 44713; 49 U.S.C. 44715 Unmanned Aircraft Systems final rule Final Rule Stage to 44717; 49 U.S.C. 44722; 49 U.S.C. (RIN 2120–AJ60). 45101 to 45105; 49 U.S.C. 46105; 49 Timetable: 296. +Airport Safety Management U.S.C. 46306; 49 U.S.C. 46315; 49 U.S.C. System 46316; 49 U.S.C. 46504; 49 U.S.C. Action Date FR Cite E.O. 13771 Designation: Regulatory. 46507; 49 U.S.C. 47122; 49 U.S.C. 47508; 49 U.S.C. 47528 to 47531. NPRM ...... 02/13/19 84 FR 3856 Legal Authority: 49 U.S.C. 44706; 49 NPRM Comment 04/15/19 U.S.C. 106(g); 49 U.S.C. 40113; 49 Abstract: This rulemaking would Period End. U.S.C. 44701 to 44706; 49 U.S.C. 44709; implement a Pilot Records Database as Final Rule ...... 01/00/21 49 U.S.C. 44719 required by Public Law 111–216 (Aug. I Abstract: This rulemaking would 1, 2010). Section 203 amends the Pilot Regulatory Flexibility Analysis require certain airport certificate holders Records Improvement Act by requiring Required: Yes. to develop, implement, maintain, and the FAA to create a pilot records Agency Contact: Michael Machnik, adhere to a safety management system database that contains various types of Department of Transportation, Federal (SMS) for its aviation related activities. pilot records. These records would be Aviation Administration, Department of An SMS is a formalized approach to provided by the FAA, air carriers, and Transportation, Federal Aviation managing safety by developing an other persons who employ pilots. The Administration, 2300 E Devon, Suite organization-wide safety policy, FAA must maintain these records until 261, Des Plaines, IL 60018, Phone: 630 developing formal methods of it receives notice that a pilot is 488–0090, Email: michael.machnik@ identifying hazards, analyzing and deceased. Air carriers would use this faa.gov. mitigating risk, developing methods for database to perform a record check on RIN: 2120–AK85 a pilot prior to making a hiring decision. ensuring continuous safety 300. +Remote Identification of Timetable: improvement, and creating Unmanned Aircraft Systems organization-wide safety promotion strategies. Action Date FR Cite E.O. 13771 Designation: Regulatory. Timetable: Legal Authority: 118 Stat. 1095; 126 NPRM ...... 03/30/20 85 FR 17660 Stat. 11; 126 Stat. 75; 130 Stat. 615; 4 NPRM Comment 06/29/20 Action Date FR Cite U.S.C. 1830; 49 U.S.C. 106(f); 49 U.S.C. Period End. 106(g); 49 U.S.C. 40101; 49 U.S.C. Final Rule ...... 01/00/21 NPRM ...... 10/07/10 75 FR 62008 40103; 49 U.S.C. 40103(b); 49 U.S.C. NPRM Comment 12/10/10 75 FR 76928 40113; 49 U.S.C. 40114; 49 U.S.C. Period Ex- Regulatory Flexibility Analysis 40120; 49 U.S.C. 41703; 49 U.S.C. 44101 tended. Required: Yes. to 44108; 49 U.S.C. 44110 to 44113; 49 NPRM Comment 01/05/11 Agency Contact: Christopher Morris, U.S.C. 44701; 49 U.S.C. 44701(a)(5); 49 Period End. Department of Transportation, Federal U.S.C. 44703; 49 U.S.C. 44704; 49 U.S.C. End of Extended 03/07/11 Aviation Administration, 6500 S 44709; 49 U.S.C. 44711 to 44713; 49 Comment Pe- MacArthur Blvd., Oklahoma City, OK riod. U.S.C. 44715 to 44717; 49 U.S.C. 44722; Second Extension 03/07/11 76 FR 12300 73169, Phone: 405–954–4646, Email: 49 U.S.C. 44805; 49 U.S.C. 44809(f); 49 of Comment [email protected]. U.S.C. 45302; 49 U.S.C. 45305; 49 U.S.C. Period. RIN: 2120–AK31 46104; 49 U.S.C. 46301; 49 U.S.C.

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46306; 49 U.S.C. 46315; 49 U.S.C. safety requirements for the conduct of Agency Contact: Julia Brady, Program 46316; 49 U.S.C. 46504; 49 U.S.C. these operations. The intended effect of Analyst, Program Policy Branch, 46506; 49 U.S.C. 46507; 49 U.S.C. this rulemaking is to enhance the level Department of Transportation, Federal 47122; 49 U.S.C. 47508; 49 U.S.C. 47528 of safety for persons and property Aviation Administration, 800 to 47531; 49 U.S.C. 47534; 61 Stat. 1180; transported in Alaska guide pilot Independence Avenue SW, Washington, Pub. L. 108–297; Pub. L. 112–95; Pub. operations. In addition, the rulemaking DC 20591, Phone: 202 267–8083, Email: L. 114–190 would add a general provision [email protected]. Abstract: This action would require applicable to pilots operating under the RIN: 2120–AK09 the remote identification of unmanned general operating and flight rules 303. +Helicopter Air Ambulance Pilot aircraft systems. The remote concerning falsification, reproduction, Training and Operational identification of unmanned aircraft and alteration of applications, logbooks, Requirements (HAA II) (FAA systems in the airspace of the United reports, or records. This rulemaking is a Reauthorization) States would address safety, national statutory mandate under section 732 of security, and law enforcement concerns the Wendell H. Ford Aviation E.O. 13771 Designation: Regulatory. regarding the further integration of these Investment and Reform Act for the 21st Legal Authority: 49 U.S.C. 106(f); 49 U.S.C. 106(g); 49 U.S.C. 40113; 49 aircraft into the airspace of the United Century, (Pub. Law 106–181). States while also enabling greater Timetable: Next Action U.S.C. 41706; 49 U.S.C. 44701; 49 U.S.C. operational capabilities. Undetermined. 44702; 49 U.S.C. 44705; 49 U.S.C. Timetable: Regulatory Flexibility Analysis 44709; 49 U.S.C. 44711 to 44713; 49 Required: Yes. U.S.C. 44715 to 44717; 49 U.S.C. 44722; Action Date FR Cite Agency Contact: Jeff Smith, 49 U.S.C. 44730; 49 U.S.C. 45101 to Department of Transportation, Federal 45105 NPRM ...... 12/31/19 84 FR 72438 Aviation Administration, 800 Abstract: This rulemaking would NPRM Comment 03/02/20 Independence Avenue SW, Washington, develop training requirements for crew Period End. resource management, flight risk Final Rule ...... 12/00/20 DC 20785, Phone: 202 365–3617, Email: I I [email protected]. evaluation, and operational control of RIN: 2120–AJ78 the pilot in command, as well as to Regulatory Flexibility Analysis develop standards for the use of flight Required: Yes. 302. +Drug and Alcohol Testing of simulation training devices and line- Agency Contact: Ben Walsh, Certain Maintenance Provider oriented flight training. Additionally, it Department of Transportation, Federal Employees Located Outside of the would establish requirements for the Aviation Administration, 470 L’Enfant United States use of safety equipment for flight Plaza, Office 3200, Washington, DC E.O. 13771 Designation: Fully or crewmembers and flight nurses. These 20024, Phone: 202–267–8233, Email: Partially Exempt. changes will aide in the increase in [email protected]. Legal Authority: 14 CFR; 49 U.S.C. aviation safety and increase RIN: 2120–AL31 106(g); 49 U.S.C. 40113; 49 U.S.C. survivability in the event of an accident. 44701; 49 U.S.C. 44702; 49 U.S.C. Without these changes, the Helicopter 44707; 49 U.S.C. 44709; 49 U.S.C. 44717 Air Ambulance industry may continue DEPARTMENT OF TRANSPORTATION Abstract: This rulemaking would to see the unacceptable high rate of (DOT) require controlled substance testing of aircraft accidents. This rulemaking is a some employees working in repair statutory mandate under section 306(e) Federal Aviation Administration (FAA) stations located outside the United of the FAA Modernization and Reform Long-Term Actions States. The intended effect is to increase Act of 2012 (Pub. L. 112–95). participation by companies outside of Timetable: Next Action 301. +Regulation of Flight Operations the United States in testing of Undetermined. Conducted by Alaska Guide Pilots employees who perform safety critical Regulatory Flexibility Analysis E.O. 13771 Designation: Regulatory. functions and testing standards similar Required: Yes. Legal Authority: 49 U.S.C. 106(g); 49 to those used in the repair stations Agency Contact: Chris Holliday, U.S.C. 1153; 49 U.S.C. 1155; 49 U.S.C. located in the United States. This action Department of Transportation, Federal 40101 to 40103; 49 U.S.C. 40113; 49 is necessary to increase the level of Aviation Administration, 801 U.S.C. 40120; 49 U.S.C. 44101; 49 U.S.C. safety of the flying public. This Pennsylvania Avenue NW, Washington, 44105 to 44016; 49 U.S.C. 44111; 49 rulemaking is a statutory mandate under DC 20024, Phone: 202 267–4552, Email: U.S.C. 44701 to 44717; 49 U.S.C. 44722; section 308(d) of the FAA [email protected]. 49 U.S.C. 44901; 49 U.S.C. 44903 to Modernization and Reform Act of 2012 RIN: 2120–AK57 44904; 49 U.S.C. 44906; 49 U.S.C. (Pub. L. 112–95). 44912; 49 U.S.C. 44914; 49 U.S.C. Timetable: 44936; 49 U.S.C. 44938; 49 U.S.C. DEPARTMENT OF TRANSPORTATION 46103; 49 U.S.C. 46105; 49 U.S.C. Action Date FR Cite (DOT) 46306; 49 U.S.C. 46315 to 46316; 49 U.S.C. 46504; 49 U.S.C. 46506 to 46507; ANPRM ...... 03/17/14 79 FR 14621 Federal Motor Carrier Safety 49 U.S.C. 47122; 49 U.S.C. 47508; 49 Comment Period 05/01/14 79 FR 24631 Administration (FMCSA) Extended. U.S.C. 47528 to 47531; Articles 12 and ANPRM Comment 05/16/14 Final Rule Stage 29 of 61 Statue 1180; Pub. L. 106–181, Period End. sec. 732 304. +Controlled Substances and Comment Period 07/17/14 Alcohol Testing: State Driver’s Abstract: The rulemaking would End. establish regulations concerning Alaska NPRM ...... 11/00/21 Licensing Agency Downgrade of guide pilot operations. The rulemaking Commercial Driver’s License (Section would implement Congressional Regulatory Flexibility Analysis 610 Review) legislation and establish additional Required: Yes. E.O. 13771 Designation: Regulatory.

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Legal Authority: 49 U.S.C. 31136(a); Abstract: This rule would implement DEPARTMENT OF TRANSPORTATION 49 U.S.C. 31305(a) a safety monitoring system and (DOT) Abstract: FMCSA proposes to prohibit compliance initiative designed to Saint Lawrence Seaway Development State Driver’s Licensing Agencies evaluate the continuing safety fitness of Corporation (SLSDC) (SDLAs) from issuing, renewing, all Mexico-domiciled carriers within 18 upgrading, or transferring a commercial months after receiving a provisional Final Rule Stage driver’s license (CDL), or commercial Certificate of Registration or provisional 306. • Seaway Regulations and Rules: learner’s permit (CLP), for individuals authority to operate in the United Periodic Update, Various Categories prohibited under current regulations States. It also would establish (Rulemaking Resulting From a Section from driving a commercial motor suspension and revocation procedures 610 Review) vehicle (CMV) due to controlled for provisional Certificates of substance (drug) and alcohol program E.O. 13771 Designation: Deregulatory. Registration and operating authority, Legal Authority: 33 U.S.C. 981 et seq violations. The CMV driving ban is and incorporate criteria to be used by intended to keep these drivers off the Abstract: The Saint Lawrence Seaway FMCSA in evaluating whether Mexico- road until they comply with return-to- Development Corporation (SLSDC) and domiciled carriers exercise basic safety duty (RTD) requirements. FMCSA also the St. Lawrence Seaway Management management controls. The interim rule seeks comment on alternate proposals Corporation (SLSMC) of Canada, under establishing additional ways that SDLAs included requirements that were not international agreement, jointly publish would use information, obtained proposed in the NPRM but which are and presently administer the St. through the Drug and Alcohol necessary to comply with the FY–2002 Lawrence Seaway Regulations and Clearinghouse (Clearinghouse), to DOT Appropriations Act. On January Rules (Practices and Procedures in increase compliance with the CMV 16, 2003, the Ninth Circuit Court of Canada) in their respective jurisdictions. driving prohibition. Further, the Agency Appeals remanded this rule, along with Under agreement with the SLSMC, the proposes to revise how reports of actual two other NAFTA-related rules, to the SLSDC is amending the joint regulations knowledge violations, based on a agency, requiring a full environmental by updating the Seaway Regulations and citation for Driving Under the Influence impact statement and an analysis Rules in various categories. (DUI) in a CMV, would be maintained required by the Clean Air Act. On June Timetable: in the Clearinghouse. These proposed 7, 2004, the Supreme Court reversed the Action Date FR Cite changes would improve highway safety Ninth Circuit and remanded the case, by increasing compliance with existing holding that FMCSA is not required to Final Action ...... 11/00/20 drug and alcohol program requirements. prepare the environmental documents. Timetable: FMCSA originally planned to publish a Regulatory Flexibility Analysis final rule by November 28, 2003. Required: No. Action Date FR Cite Agency Contact: Carrie Lynn Lavigne, Timetable: Chief Counsel, Department of NPRM ...... 04/28/20 85 FR 23670 Action Date FR Cite Transportation, Saint Lawrence Seaway NPRM Comment 06/29/20 Development Corporation, 180 Andrews Period End. Final Rule ...... 03/00/21 NPRM ...... 05/03/01 66 FR 22415 Street, Massena, NY 13662, Phone: 315 I I NPRM Comment 07/02/01 764–3231, Email: carrie.lavigne@ Regulatory Flexibility Analysis Period End. dot.gov. RIN: 2135–AA49 Required: No. Interim Final Rule 03/19/02 67 FR 12758 Agency Contact: Juan Moya, Interim Final Rule 04/18/02 307. • Tariff of Tolls (Rulemaking Comment Pe- Resulting From a Section 610 Review) Department of Transportation, Federal riod End. Motor Carrier Safety Administration, Interim Final Rule 05/03/02 E.O. 13771 Designation: Deregulatory. 1200 New Jersey Avenue SE, Effective. Legal Authority: 33 U.S.C. 981 et seq Washington, DC 20590, Phone: 202 366– Notice of Intent 08/26/03 68 FR 51322 Abstract: The Saint Lawrence Seaway 4844, Email: [email protected]. To Prepare an Development corporation (SLSDC) and RIN: 2126–AC11 EIS. the St. Lawrence Seaway Management EIS Public 10/08/03 68 FR 58162 Corporation (SLSMC) of Canada, under Scoping Meet- international agreement, jointly publish ings. and presently administer the St. DEPARTMENT OF TRANSPORTATION Next Action Unde- (DOT) Lawrence Seaway Tariff of Tolls in their termined. respective jurisdictions. The Tariff sets Federal Motor Carrier Safety forth the level of tolls assessed on all Administration (FMCSA) Regulatory Flexibility Analysis commodities and vessels transiting the Required: Yes. Long-Term Actions facilities operated by the SLSDC and the Agency Contact: Dolores Macias, SLSMC. 305. +Safety Monitoring System and Acting Division Chief, Department of Timetable: Compliance Initiative for MExico- Transportation, Federal Motor Carrier Action Date FR Cite Domiciled Motor Carriers Operating in Safety Administration, 1200 New Jersey the United States Avenue SE, Washington, DC 20590, Final Action ...... 11/00/20 E.O. 13771 Designation: Regulatory. Phone: 202 366–2995, Email: Legal Authority: Pub. L. 107–87, sec. [email protected]. Regulatory Flexibility Analysis 350; 49 U.S.C. 113; 49 U.S.C. 31136; 49 RIN: 2126–AA35 Required: No. U.S.C. 31144; 49 U.S.C. 31502; 49 U.S.C. Agency Contact: Carrie Lynn Lavigne, 504; 49 U.S.C. 5113; 49 U.S.C. Chief Counsel, Department of 521(b)(5)(A) Transportation, Saint Lawrence Seaway

VerDate Sep<11>2014 21:13 Mar 30, 2021 Jkt 253001 PO 00000 Frm 00018 Fmt 4701 Sfmt 4702 E:\FR\FM\31MRP12.SGM 31MRP12 jbell on DSKJLSW7X2PROD with PROPOSALS12 Federal Register / Vol. 86, No. 60 / Wednesday, March 31, 2021 / UA: Reg Flex Agenda 16943

Development Corporation, 180 Andrews uncontrolled releases of natural gas and potentially not serviced daily by cargo Street, Massena, NY 13662, Phone: 315 hazardous liquids. aircraft, PHMSA is providing a limited 764–3231, Email: carrie.lavigne@ Timetable: exception for not more than two dot.gov. replacement lithium cells or batteries Action Date FR Cite RIN: 2135–AA50 specifically used for medical devices to be transported by passenger aircraft and NPRM ...... 02/06/20 85 FR 7162 NPRM Comment 04/06/20 at a state of charge greater than 30 Period End. percent, under certain conditions and as DEPARTMENT OF TRANSPORTATION Final Rule ...... 04/00/21 approved by the Associate (DOT) I I Administrator. This rulemaking is Pipeline and Hazardous Materials Regulatory Flexibility Analysis necessary to meet the FAA Safety Administration (PHMSA) Required: Yes. Reauthorization Act of 2018, address a Agency Contact: Robert Jagger, safety hazard, and harmonize the HMR Final Rule Stage Technical Writer, Department of with emergency amendments to the 308. +Pipeline Safety: Amendments to Transportation, Pipeline and Hazardous 2015–2016 edition of the International Parts 192 and 195 To Require Valve Materials Safety Administration, 1200 Civil Aviation Organization’s Technical Installation and Minimum Rupture New Jersey Avenue, Washington, DC Instructions for the Safe Transport of Detection Standards 20590, Phone: 202–366–4595, Email: Dangerous Goods by Air. [email protected]. Timetable: E.O. 13771 Designation: Regulatory. RIN: 2137–AF06 Legal Authority: 49 U.S.C. 60101 et 309. +Hazardous Materials: Enhanced Action Date FR Cite seq Safety Provisions for Lithium Batteries NPRM ...... 03/06/19 84 FR 8006 Abstract: PHMSA is proposing to Transported by Aircraft (FAA Interim Final Rule 03/06/19 84 FR 8006 revise the Pipeline Safety Regulations Reauthorization Act of 2018) Interim Final Rule 03/06/19 applicable to newly constructed or E.O. 13771 Designation: Regulatory. Effective. entirely replaced natural gas Legal Authority: 49 U.S.C. 44701; 49 Interim Final Rule 05/06/19 transmission and hazardous liquid U.S.C. 5103(b); 49 U.S.C. 5120(b) Comment Pe- pipelines to improve rupture mitigation Abstract: This rulemaking amends the riod End. and shorten pipeline segment isolation Hazardous Materials Regulations (HMR) NPRM Comment 05/06/20 times in high consequence and select to (1) prohibit the transport of lithium Period End. Final Rule ...... 07/00/21 non-high consequence areas. The ion cells and batteries as cargo on proposed rule defines certain pipeline passenger aircraft; (2) require all lithium events as ‘‘ruptures’’ and outlines ion cells and batteries to be shipped at Regulatory Flexibility Analysis certain performance standards related to not more than a 30 percent state of Required: Yes. rupture identification and pipeline charge on cargo-only aircraft; and (3) Agency Contact: Shelby Geller, segment isolation. PHMSA also limit the use of alternative provisions Transportation Regulations Specialist, proposes specific valve maintenance for small lithium cell or battery to one Department of Transportation, Pipeline and inspection requirements, and 9–1– package per consignment. The and Hazardous Materials Safety 1 notification requirements to help amendments will not restrict passengers Administration, 1200 New Jersey operators achieve better rupture or crew members from bringing personal Avenue SE, Washington, DC 20590, response and mitigation. The rule items or electronic devices containing Phone: 202 366–8553, Email: addresses congressional mandates, lithium cells or batteries aboard aircraft, [email protected]. incorporate recommendations from the or restrict the air transport of lithium RIN: 2137–AF20 National Transportation Safety Board, ion cells or batteries when packed with [FR Doc. 2021–05416 Filed 3–30–21; 8:45 am] and are necessary to reduce the serious or contained in equipment. To BILLING CODE 4910–13–P; 4910–EX–P; 4910–61–P; consequences of large-volume, accommodate persons in areas 4910–60–P

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