Report on DOT Significant Rulemakings

Table of Contents

Federal Aviation Administration

1. National Air Tour Safety Standards

 

2. Flight Crewmember Duty Limitations and Rest Requirements

 

3. Licensing and Safety Requirements for Launch

 

4. Revisions to Digital Flight Data Recorder Regulations for B-737 Airplanes and for Part 125 Operators

 

5. Transponder Continuous Operation

 

6. Revisions to Cockpit Voice Recorder and Digital Flight Data Recorder Regulations

 

7. Extended Operations (ETOPS) of Multi-engine Airplanes

 

8. Aging Aircraft Program (Widespread Fatigue Damage)

 

9. Flightdeck Door Monitoring and Crew Discreet Alerting System

 

10. Washington, DC, Metropolitan Area Special Flight Rules Area

 

11. Transport Airplane Fuel Tank Flammability Reduction

 

12. Enhanced Airworthiness Program for Airplane Systems (EAPAS) and SFAR 88

 

13. Drug Enforcement Assistance

 

14. Congestion and Delay Reduction at Chicago O'Hare International Airport

 

15. Part 145: Repair Stations--Ratings and Quality System

 

16. Experimental Permit for Suborbital Reusable Launch Vehicles

 

17. Human Space Flight Requirements for Crew & Space Flight Participants

 

18. Special Awareness Training for the Washington, DC Metropolitan Area

 

19. Security Related Considerations in the Design and Operation of Transport Category Airplanes

 

20. Congestion Management Rule for LaGuardia Airport

 

21. Filtered Flight Data

 

Federal Highway Administration

22. National Standards for Traffic Control Devices; the Manual on Uniform Traffic Control Devices for Streets and Highways; Maintaining Traffic Sign Retroreflectivity

 

23. Express Lane Demonstration Project

 

24. Projects of National and Regional Significance

 

25. Metropolitan Transportation Planning

 

26. Design-Build Contracting

 

27. Surface Transportation Project Delivery Pilot Program

 

28. Parks, Recreation Areas, Wildlife and Waterfowl Refuges, and Historical Sites

 

Federal Motor Carrier Safety Administration

29. Medical Certification Requirements as Part of the CDL

 

30. Unified Registration System

 

31. Application by Certain Mexico-Domiciled Motor Carriers to Operate Beyond U.S. Municipalities and Commercial Zones on the U.S.-Mexico Border

 

32. Safety Monitoring System and Compliance Initiative for Mexico-Domiciled Motor Carriers Operating in the United States

 

33. New Entrant Safety Assurance Process

 

34. Certification of Safety Auditors, Safety Investigators, and Safety Inspectors

 

35. Limitations on the Issuance of Commercial Driver Licenses with a Hazardous Materials Endorsement

 

36. Penalties, Inspection, and Decal Display Requirements for Mexico-Domiciled Motor Carriers

 

37. Hours of Service of Drivers; Supporting Documents

 

38. Enforcement of Operating Authority Requirements

 

39. Brokers of Household Goods Transportation by Motor Vehicle

 

40. Requirements for Intermodal Equipment Providers and Motor Carriers and Drivers Operating Intermodal Equipment

 

41. Electronic On-Board Recorders for Hours-of-Service Compliance

 

42. Parts and Accessories Necessary for Safe Operations; Surge Brake Requirements

 

43. Qualifications of Drivers; Diabetes Standard

 

44. National Registry of Certified Medical Examiners

 

45. Interstate Van Operations (Camionetas)

 

46. Revocation of Operating Authority

 

47. Patterns of Safety Violations by Carrier Management

 

Federal Railroad Administration

48. Locomotive Crashworthiness

 

49. Occupational Noise Exposure for Railroad Operating Employees

 

50. Amendments to Design Standards for Pressurized Railroad Tank Cars

 

51. Passenger Train Emergency Systems

 

52. Use of Locomotive Horns at Highway-Rail Grade Crossings

 

53. Grant Program for Local Rail Line Relocation and Improvement Projects

 

54. Assessment of Fees on Commuter Railroads for Use of Northeast Corridor Infrastructure

 

Federal Transit Administration

55. Major Capital Investment Projects - New/Small Starts

 

56. Metropolitan and Statewide Transportation Planning

 

57. Protection of Parks, Wildlife and Waterfowl Refuges, and Historical Sites

 

58. Public Transportation Security Grants--SAFETEA-LU

 

59. Charter Bus Operations

 

National Highway Traffic Safety Administration

60. Rear Convex Cross-View Mirrors

 

61. Roof Crush Resistance

 

62. Upgrade Door Retention Performance

 

63. Event Data Recorders

 

64. 5th Percentile Dummy Belted Barrier Crash Test Requirements -- Standard 208

 

65. Side Impact Protection Upgrade - FMVSS No. 214

 

66. Reduced Stopping Distance Requirements for Truck Tractors

 

67. Electronic Stability Control (ESC)

 

68. Motorcyclist Safety Grant Program

 

Office of the Secretary

69. Accessibility of Passenger Vessels to Individuals with Disabilities

 

70. Use of Oxygen by Air Carrier Passengers

 

71. Aviation Data Requirements Review and Modernization Program

 

72. Nondiscrimination on the Basis of Disability in Air Travel

 

73. Review of Data Filed by Certificated or Commuter Air Carriers to Support Continuing Fitness Determinations Involving Citizenship Issues

 

74. Accommodations in Air Travel for Deaf, Hard of Hearing and Deaf-Blind Individuals

 

75. Price Advertising

 

76. Protection of Sensitive Security Information

 

Pipeline and Hazardous Materials Safety Administration

77. Hazardous Materials: Transportation of Oxygen Cylinders and Oxygen Generators Aboard Aircraft

 

78. Hazardous Materials: Safety Requirements for External Product Piping on Cargo Tanks Transporting Flammable Liquids

 

79. Hazardous Materials; Transportation of Lithium Batteries

 

80. Pipeline Safety: Protecting High Consequence Areas From Rural Petroleum Gathering Lines and Low Stress Lines

 

81. Hazardous Materials: Enhancing Rail Transportation Safety and Security for Hazardous Materials Shipments

 

82. Prohibition on the Transportation of Primary Lithium Batteries Aboard Passenger Aircraft

 

83. Hazardous Materials: Requirements for Storage of Explosives During Transportation

 

84. Hazardous Materials: Enforcement Regulations




Federal Aviation Administration


Federal Aviation Administration

1. 

National Air Tour Safety Standards

Red

Popular Title: Air Tour Safety

RIN 2120-AF07

Stage: Final Rule

Previous Stage: NPRM: Publication Date 10/22/03; End of Comment Period 01/20/04; Extension of Comment Period 01/16/04; End of Extended Comment Period 04/19/04; Extension of Comment Period/2 04/20/04; End of Extended Comment Period/2 06/18/04.

Abstract: This rulemaking will consider new regulations for air tour and sightseeing operations that are currently allowed to operate under less stringent regulations than those applied to other types of commercial operations. Hot air balloons and gliders would not be included in this amendment.

Effects:

 

Regulatory Flexibility Act

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 04/25/1994

Dates for Final Rule:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

05/26/2005 

04/26/2006 

04/27/2006 

To OMB

06/26/2005 

08/15/2006 

 

OMB Clearance

09/26/2005 

11/15/2006 

 

Publication Date

10/10/2005 

12/04/2006 

 

Explanation for any delay:

Unanticipated impacts requiring further analysis

Federal Register Citation for Final Rule: None



Federal Aviation Administration

2. 

Flight Crewmember Duty Limitations and Rest Requirements

Black

Popular Title: Flight Crewmember Duty Time

RIN 2120-AF63

Stage: Undetermined

Previous Stage: NPRM: Publication Date 12/20/1995; End of Comment Period 03/19/1996; Comment Period Extended 3/20/1996; End of Extended Comment Period 6/19/1996.

Abstract: This rulemaking would amend the regulations on duty period limitations, flight time limitations, and rest requirements for flight crewmembers engaged in air transportation. The FAA proposes additional changes in response to comments received on the NPRM. The changes are necessary to ensure that the rules will continue to provide the minimum level of safety. This rulemaking responds to public and congressional interest in regulating flight crewmember rest requirements, NTSB Safety Recommendations, petitions for rulemaking, and scientific data. This action is considered significant because of substantial public interest.

Effects:

 

Economically Significant
Major
Unfunded Mandate
Regulatory Flexibility Act

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 11/28/1995

Dates for Undetermined:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

 

 

 

To OMB

 

 

 

OMB Clearance

 

 

 

Publication Date

 

 

 

End of Comment Period

 

 

 

Explanation for any delay:

N/A

Federal Register Citation for Undetermined: None



Federal Aviation Administration

3. 

Licensing and Safety Requirements for Launch

Red

Popular Title: Licensing Space Launches

RIN 2120-AG37

Stage: Final Rule

Previous Stage: NPRM: Publication Date 10/25/2000; End of Comment Period 2/22/2001. SNPRM: Publication Date 07/30/2002; End of Comment Period 10/28/2002.

Abstract: This action would establish requirements for licensing the conduct of a launch from a non-Federal launch site. The law requires anyone who proposes to conduct a launch within the United States, or a U.S. citizen proposing to conduct a launch from a site outside the United States, to obtain a license from DOT. This action would govern obtaining a license to conduct such a launch. Currently, commercial rocket launches take place from Federal Government installations operated by the Department of Defense and NASA. This action would also establish safety standards for launches from federal launch ranges and non-federal launch sites.

Effects:

 

None

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 01/17/1999

Dates for Final Rule:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

09/30/2005 

01/13/2006 

12/21/2005 

To OMB

10/31/2005 

05/05/2006 

04/17/2006 

OMB Clearance

01/31/2006 

08/07/2006 

 

Publication Date

02/17/2006 

08/21/2006 

 

Explanation for any delay:

Additional coordination necessary

Federal Register Citation for Final Rule: None



Federal Aviation Administration

4. 

Revisions to Digital Flight Data Recorder Regulations for B-737 Airplanes and for Part 125 Operators

Red

Popular Title: Digital Flight Data Recorder/B-737

RIN 2120-AG87

Stage: SNPRM

Previous Stage: NPRM: Publication Date 11/18/1999; End of Comment Period 12/20/1999.

Abstract: This rulemaking would amend the digital flight data recorder (DFDR) regulations for transport category airplanes to add a requirement for all Boeing 737 (B-737) series airplanes to record additional flight data parameters. It is based on safety recommendations issued by the National Transportation Safety Board (NTSB) following the investigation of the 1994 USAir FLight 427 accident. This rulemaking is significant because of substantial public interest. A final rule had been scheduled for August 11, 2000. Since publication of the NPRM, the FAA has mandated significant changes to the rudder system on 737s. Accordingly, the proposed rule would apply to a different set of airplanes than originally anticipated. The FAA is requesting comment on this change in applicability and is requesting updated economic information about the installation of the proposed monitoring equipment.

Effects:

 

None

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 02/15/1999

Dates for SNPRM:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

07/22/2005 

 

07/22/2005 

Returned to Mode

 

09/06/2005 

08/18/2005 

Resubmitted to OST

 

10/28/2005 

11/23/2005 

To OMB

08/25/2005 

05/08/2006 

05/15/2006 

OMB Clearance

11/28/2005 

08/08/2006 

 

Publication Date

12/15/2005 

08/18/2006 

 

End of Comment Period

02/13/2006 

10/18/2006 

 

Explanation for any delay:

Additional coordination necessary
Unanticipated issues requiring further analysis

Federal Register Citation for SNPRM: None



Federal Aviation Administration

5. 

Transponder Continuous Operation

Red

Popular Title: Transponder Continuous Operation

RIN 2120-AH67

Stage: Undetermined

Previous Stage: NPRM: Publication Date 1/14/2003; End of Comment Period 3/17/2003; Extension of Comment Period 3/18/2003; End of Extended Comment Period 4/18/2003.

Abstract: This rulemaking would amend the instrument and equipment requirements for airplanes operated in domestic, flag, and supplemental operations. Specifically, the rulemaking would require affected airplanes to have the capability to help assure immediate activation of the designated air traffic control (ATC) hijack alert code, and continuous transmission of that code to ATC during a hijack situation. This action would respond to the heightened threat to U.S. civil aviation. The FAA believed that this capability would help provide ATC personnel with more time to initiate a national security response to a potential airplane hijack situation. However, following a review of the comments, the FAA is considering withdrawing the NPRM because of uncertainty about whether it is justified. The FAA had previously scheduled a withdrawal for publication on October 14, 2003.

Effects:

 

None

Prompting action: Secretarial/Head of Operating Administration Decision

Legal Deadline: 

None

Rulemaking Project Initiated: 10/01/2001

Dates for Undetermined:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

 

 

 

To OMB

 

 

 

OMB Clearance

 

 

 

Publication Date

 

 

 

End of Comment Period

 

 

 

Explanation for any delay:

Additional coordination necessary
Unanticipated issues requiring further analysis

Federal Register Citation for Undetermined: None



Federal Aviation Administration

6. 

Revisions to Cockpit Voice Recorder and Digital Flight Data Recorder Regulations

Green

Popular Title: Cockpit Voice Recorder

RIN 2120-AH88

Stage: Final Rule

Previous Stage: NPRM: Publication Date 02/28/2005; End of Comment Period 04/29/2005; Extension of Comment Period 06/28/2005.

Abstract: This rulemaking would amend the cockpit voice recorder (CVR) and digital flight data recorder (DFDR) regulations for certain air carriers, operators, and aircraft manufacturers. It would increase the duration of CVR and flight data recorder (FDR) recordings; increase the data recording rate of certain DFDR parameters; require physical separation of the DFDR and CVR; improve the reliability of the power supply to both the CVR and DFDR; and, if data-link communication equipment is installed, require that all data-link communications received by an aircraft be recorded.

Effects:

 

None

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 08/30/1999

Dates for Final Rule:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

09/08/2006 

11/09/2006 

 

To OMB

10/09/2006 

12/11/2006 

 

OMB Clearance

01/05/2006 

03/12/2007 

 

Publication Date

01/19/2007 

03/29/2007 

 

Explanation for any delay:

N/A

Federal Register Citation for Final Rule: None



Federal Aviation Administration

7. 

Extended Operations (ETOPS) of Multi-engine Airplanes

Red

Popular Title: ETOPS

RIN 2120-AI03

Stage: Final Rule

Previous Stage: NPRM: Publication Date 11/17/03; End of Comment Period 1/13/04; Extension of Comment Period 01/15/04; End of Extension of Comment Period 3/15/04.

Abstract: This rulemaking would govern the design, maintenance, and operation of airplanes and engines for flights that go certain long distances beyond an adequate airport. This rulemaking would extend some requirements that previously applied only to two-engine airplanes to airplanes with more than two engines. This rulemaking would implement existing best practices and policy, industry recommendations and international standards to assure that long-range flight will operate safely.

Effects:

 

Regulatory Flexibility Act

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 08/10/2000

Dates for Final Rule:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

12/15/2004 

01/20/2006 

01/09/2006 

To OMB

01/12/2005 

08/15/2006 

 

OMB Clearance

04/18/2005 

11/15/2006 

 

Publication Date

04/29/2005 

12/04/2006 

 

Explanation for any delay:

Unanticipated issues requiring further analysis

Federal Register Citation for Final Rule: None



Federal Aviation Administration

8. 

Aging Aircraft Program (Widespread Fatigue Damage)

Red

Popular Title: Aging Aircraft Widespread Fatigue

RIN 2120-AI05

Stage: NPRM

Previous Stage:None

Abstract: This rulemaking would require incorporation of a program to preclude widespread fatigue damage into the FAA-approved maintenance program of each operator of large transport category airplanes. This action is the result of concern for the continued operational safety of airplanes that are approaching or have exceeded their design service goal. This rulemaking would require a limit of validity in flight cycles or hours of the structural maintenance program, where the operator must incorporate added inspections and/or modification/replacement actions into its maintenance program to allow continued operation.

Effects:

 

None

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 06/15/1999

Dates for NPRM:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

11/01/2004 

05/31/2005 

05/18/2005 

Returned to Mode

 

 

06/17/2005 

Resubmitted to OST

 

07/15/2005 

07/21/2005 

Returned to Mode/2

 

 

08/15/2005 

Resubmitted to OST/2

 

08/25/2005 

08/25/2005 

Returned to Mode/3

 

 

08/30/2005 

Resubmitted to OST/3

 

09/09/2005 

08/31/2005 

To OMB

11/29/2004 

12/16/2005 

12/21/2005 

OMB Clearance

03/01/2005 

03/16/2006 

03/23/2006 

Publication Date

03/15/2005 

04/11/2006 

04/18/2006 

End of Comment Period

05/13/2005 

08/31/2006 

07/17/2006 

Explanation for any delay:

Additional coordination necessary

Federal Register Citation for NPRM: 71 FR 38540



Federal Aviation Administration

9. 

Flightdeck Door Monitoring and Crew Discreet Alerting System

Green

Popular Title: Crew Monitoring

RIN 2120-AI16

Stage: Final Rule

Previous Stage: NPRM: Publication Date 09/21/2005; End of Comment Period 11/21/2005.

Abstract: This rulemaking would require passenger-carrying transport category airplanes used in domestic, flag, and supplemental operations to have a means to allow the flightcrew to visually monitor the door area outside the flightdeck. This would allow the flightcrew to identify persons requesting entry into the flightdeck, and to detect suspicious behavior or potential threats. In addition, operations requiring the presence of flight attendants, the rulemaking would require that the flight attendants have a means to discreetly notify the flightcrew of suspicious activity or security breaches in the cabin. The rulemaking would address standards adopted by the International Civil Aviation Organization following the September 11, 2001, terrorist attacks.

Effects:

 

None

Prompting action: International Agreement

Legal Deadline: 

None

Rulemaking Project Initiated: 08/22/2002

Dates for Final Rule:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

10/30/2006 

 

 

To OMB

11/30/2006 

 

 

OMB Clearance

03/01/2007 

 

 

Publication Date

03/16/2007 

 

 

Explanation for any delay:

N/A

Federal Register Citation for Final Rule: None



Federal Aviation Administration

10. 

Washington, DC, Metropolitan Area Special Flight Rules Area

Black

Popular Title: DC Flight Rules

RIN 2120-AI17

Stage: Undetermined

Previous Stage: NPRM: Publication Date: 08/04/2005; End of Comment Period 11/02/2005; Publication Date for Extension of Comment Period 11/07/2005; End of Extended Comment Period 02/06/2006.

Abstract: This rulemaking would codify restrictions for certain aircraft operations in the Washington, DC Metropolitan Area. This action is necessary because of the ongoing threat of terrorist attacks. The FAA intends by this action to help the Department of Homeland Security and the Department of Defense protect national assets in the National Capital region.

Effects:

 

Regulatory Flexibility Act

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 08/18/2003

Dates for Undetermined:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

 

 

 

To OMB

 

 

 

OMB Clearance

 

 

 

Publication Date

 

 

 

End of Comment Period

 

 

 

Explanation for any delay:

N/A

Federal Register Citation for Undetermined: None



Federal Aviation Administration

11. 

Transport Airplane Fuel Tank Flammability Reduction

Green

Popular Title: Fuel Tank Flammability/Inerting

RIN 2120-AI23

Stage: Undetermined

Previous Stage: NPRM: Publication Date 11/23/2006; End of Comment Period 3/23/2006; Extension of Comment Period 3/21/2006; End of Extended Comment Period 5/08/2006.

Abstract: This rulemaking will require that flammability reduction means be incorporated into existing airplanes, newly manufactured airplanes, and new designs. It establishes new design standards for future and pending applications for type certification as well as new operating rules for retrofitting existing airplanes.

Effects:

 

Economically Significant
Major
Regulatory Flexibility Act

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 02/17/2004

Dates for Undetermined:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

 

 

 

To OMB

 

 

 

OMB Clearance

 

 

 

Publication Date

 

 

 

End of Comment Period

 

 

 

Explanation for any delay:

N/A

Federal Register Citation for Undetermined: None



Federal Aviation Administration

12. 

Enhanced Airworthiness Program for Airplane Systems (EAPAS) and SFAR 88

Black

Popular Title: EAPAS

RIN 2120-AI31

Stage: Undetermined

Previous Stage: NPRM: Publication Date 10/6/2005; End of Comment Period 2/3/2006.

Abstract: This rulemaking would change wiring system and fuel tank system requirements for transport category airplanes. It would organize and clarify design requirements for wire systems, by moving existing regulatory references to wiring into a single section of the regulations specifically for wiring and adding new certification rules to address aging issues in wire systems. This rulemaking would require holders of type certificates for certain transport category airplanes to conduct analyses and make necessary changes to the existing Instruction for Continued Airworthiness (ICA) to improve maintenance procedures for wire systems. It would require operators to incorporate those ICA for wiring into their maintenance or inspection programs. It would also clarify requirements of certain existing operational rules for operators to incorporate ICA for fuel tank systems into their maintenance or inspection programs. The intent of this rule is to help ensure the continued safety of commercial airplanes by improving the design, installation, and maintenance of their electrical wiring systems as well as by aligning those requirements as closely as possible with the requirements for fuel tank system safety.

Effects:

 

None

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 05/28/2001

Dates for Undetermined:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

 

 

 

To OMB

 

 

 

OMB Clearance

 

 

 

Publication Date

 

 

 

End of Comment Period

 

 

 

Explanation for any delay:

N/A

Federal Register Citation for Undetermined: None



Federal Aviation Administration

13. 

Drug Enforcement Assistance

Red

Popular Title: Drug Enf Assistance

RIN 2120-AI43

Stage: NPRM

Previous Stage:None

Abstract: This rule would amend airmen certification and aircraft registration requirements. Two years after the final rule becomes effective, paper pilot certificates may no longer be used to exercise piloting privileges. Five years after the final rule becomes effective, certain other paper airmen certificates, such as those of flight engineers and mechanics, may no longer be used to exercise the privileges authorized by those certificates. To exercise the privileges after those respective dates, the airmen would have to hold upgraded, counterfeit-resistant plastic certificates. Student pilots would not be affected. In addition, those who transfer ownership of U.S.-registered aircraft would have five days from the transaction to notify the FAA Aircraft Registry. Those who apply for aircraft registration would have to include their printed or typed name with their signature. These changes are responsive to concerns raised in the FAA Drug Enforcement Assistance Act. The purpose of the changes is to upgrade the quality of data and documents to assist Federal, State, and local agencies to enforce the Nation's drug laws.

Effects:

 

None

Prompting action: Statute

Legal Deadline: 

Final Rule : 09/18/1989

Rulemaking Project Initiated: 08/06/2004

Dates for NPRM:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

10/01/2004 

 

08/25/2004 

Returned to Mode

 

 

08/26/2004 

Resubmitted to OST

 

 

08/27/2004 

To OMB

11/01/2004 

11/15/2004 

11/29/2004 

Withdrawn from OMB

 

 

02/24/2005 

Resubmitted to OST/3

 

06/09/2006 

06/06/2006 

Resubmitted to OMB/2

 

09/15/2006 

 

OMB Clearance

01/03/2005 

12/15/2006 

 

Publication Date

01/10/2005 

12/29/2006 

 

Explanation for any delay:

Additional coordination necessary
Awaiting development of additional data

Federal Register Citation for NPRM: None



Federal Aviation Administration

14. 

Congestion and Delay Reduction at Chicago O'Hare International Airport

Red

Popular Title: O'Hare Airport

RIN 2120-AI51

Stage: Final Rule

Previous Stage: NPRM: Publication Date 03/25/2005; End of Comment Period 05/24/2005.

Abstract: This rulemaking will create operational limits on the number of peak hour arrivals at O'Hare International Airport (ORD) as an interim measure to manage congestion and delays. This rulemaking replaces the Administrator's August 2004 order with slightly different requirements. The rulemaking will alter and extend the limitations on arrivals into O'Hare while we continue to consider various market-based mechanisms to allocate capacity and evaluate the impact of the O'Hare modernization plan (OMP) and its goal of increasing capacity. The rulemaking is intended to be temporary and sunset on October 31, 2008.

Effects:

 

Economically Significant
Major

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 09/08/2004

Dates for Final Rule:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

10/17/2005 

01/12/2006 

02/07/2006 

To OMB

11/24/2005 

05/04/2006 

05/15/2006 

OMB Clearance

02/24/2006 

08/04/2006 

 

Publication Date

02/28/2006 

08/18/2006 

 

Explanation for any delay:

Additional coordination necessary

Federal Register Citation for Final Rule: None



Federal Aviation Administration

15. 

Part 145: Repair Stations--Ratings and Quality System

Red

Popular Title: Part 145

RIN 2120-AI53

Stage: NPRM

Previous Stage:None

Abstract: This rulemaking will amend the regulations for repair stations by revising the system of ratings and requiring repair stations to establish a quality program. This rulemaking will add changes critical to maintaining safety. These include: requiring a repair station to maintain a capability list; requiring a repair station to designate a chief inspector; requiring permanent housing for all repair stations for their facilities, equipment, materials, and personnel; and identifying reasons for denying a repair station certificate, especially when a previously held certificate has been revoked. In addition, the rulemaking will clarify recent revisions to the repair station regulations. This action is necessary to reflect changes in aviation technology and repair station business practices.

Effects:

 

None

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 09/18/2001

Dates for NPRM:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

07/05/2005 

03/01/2006 

02/15/2006 

To OMB

08/05/2005 

08/15/2006 

 

OMB Clearance

11/08/2005 

11/15/2006 

 

Publication Date

11/23/2005 

12/04/2006 

 

End of Comment Period

02/23/2006 

03/05/2007 

 

Explanation for any delay:

Additional coordination necessary

Federal Register Citation for NPRM: None



Federal Aviation Administration

16. 

Experimental Permit for Suborbital Reusable Launch Vehicles

Red

Popular Title: Reusable Launch Vehicles

RIN 2120-AI56

Stage: Final Rule

Previous Stage: NPRM: Publication Date 03/14/2006; End of Comment Period 05/30/2006

Abstract: This rulemaking will define the process and standards for the issuance and maintenance of an Experimental Permit. An experimental permit will authorize the launch of developmental reusable suborbital rockets. The purpose of an experimental permit is to allow launches of developmental reusable suborbital rockets with less regulatory burden on the launch operator than would otherwise be the case with a traditional license.

Effects:

 

None

Prompting action: Statute

Legal Deadline: 

NPRM by : 12/23/2005
Final Rule by : 06/23/2006

Rulemaking Project Initiated: 01/25/2005

Dates for Final Rule:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

08/28/2006 

 

 

To OMB

09/27/2006 

 

 

OMB Clearance

12/27/2006 

 

 

Publication Date

01/11/2007 

 

 

Explanation for any delay:

Additional coordination necessary

Federal Register Citation for Final Rule: None



Federal Aviation Administration

17. 

Human Space Flight Requirements for Crew & Space Flight Participants

Yellow

Popular Title: Human Space Flight

RIN 2120-AI57

Stage: Final Rule

Previous Stage: NPRM: Publication Date 12/29/2005; End of Comment Period 2/27/2006.

Abstract: This rulemaking would establish requirements for crew qualifications, training, and notification. It also would establish training and informed consent requirements for space flight participants. The requirements are designed to provide an acceptable level of safety to the general public and to notify individuals on board of the risks associated with a launch or reentry. The rulemaking also would modify existing financial responsibility and waiver of liability requirements to account for the FAA's new authority to regulate space flight participants and crew, and to issue experimental permits.

Effects:

 

Information Collection

Prompting action: Statute

Legal Deadline: 

NPRM by : 12/23/2005
Final Rule by : 06/23/2006

Rulemaking Project Initiated: 01/25/2005

Dates for Final Rule:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

05/26/2006 

 

05/26/2006 

To OMB

06/26/2006 

09/05/2006 

 

OMB Clearance

09/26/2006 

12/05/2006 

 

Publication Date

10/10/2006 

12/19/2006 

 

Explanation for any delay:

N/A

Federal Register Citation for Final Rule: None



Federal Aviation Administration

18. 

Special Awareness Training for the Washington, DC Metropolitan Area

Red

Popular Title: Special Training for DC ADIZ

RIN 2120-AI63

Stage: NPRM

Previous Stage:None

Abstract: This rulemaking would establish training requirements for any pilot who flies under visual flight rules within 100 nautical miles of Ronald Reagan Washington National Airport's omni-directional range/distance measuring equipment. The training primarily focuses on the procedures for flying in and around Washington, DC's Special Flight Rules Area and Flight Restricted Zone.

Effects:

 

None

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 08/10/2005

Dates for NPRM:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

09/14/2005 

 

02/28/2006 

To OMB

10/14/2005 

05/08/2006 

04/28/2006 

OMB Clearance

01/14/2006 

08/08/2006 

06/26/2006 

Publication Date

01/24/2006 

08/18/2006 

07/05/2006 

Explanation for any delay:

Additional coordination necessary
Awaiting development of additional data

Federal Register Citation for NPRM: 71 FR 38118



Federal Aviation Administration

19. 

Security Related Considerations in the Design and Operation of Transport Category Airplanes

Red

Popular Title: Security Considerations

RIN 2120-AI66

Stage: NPRM

Previous Stage:None

Abstract: This rulemaking would implement certain security related requirements governing the design of transport category airplanes. The requirements would provide improved airplane design features and greater protection of the cabin, flightdeck, and cargo compartments from the detonation of explosive or incendiary devices, penetration by projectiles, and intrusion by unauthorized persons. The FAA would also require operators to establish a "least risk bomb location" on all affected airplanes and to incorporate certain information into relevant operator's manuals. This rule would adopt several International Civil Aviation Organization standards and harmonize FAA and international regulations.

Effects:

 

None

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 06/04/2001

Dates for NPRM:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

01/03/2006 

03/06/2006 

03/27/2006 

Returned to Mode

 

04/24/2006 

04/24/2006 

Resubmitted to OST

 

05/02/2006 

05/03/2006 

To OMB

02/06/2006 

08/15/2006 

 

OMB Clearance

05/08/2006 

11/15/2006 

 

Publication Date

05/30/2006 

12/04/2006 

 

End of Comment Period

08/30/2006 

03/04/2007 

 

Explanation for any delay:

Unanticipated issues requiring further analysis

Federal Register Citation for NPRM: None



Federal Aviation Administration

20. 

Congestion Management Rule for LaGuardia Airport

Red

Popular Title: LaGuardia Airport

RIN 2120-AI70

Stage: NPRM

Previous Stage:None

Abstract: This rulemaking would propose a new rule to address the potential for increased congestion and delay at New York's LaGuardia Airport (Laguardia) when the High Density Rule (HDR) expires there on January 1, 2007. The rulemaking, if adopted, would establish an operational limit on the number of aircraft landing and taking off at the airport. To offset the effect of this limit, the proposed rule would increase utilization of the airport by encouraging the use of larger aircraft through implementing an airport-wide, average aircraft size requirement designed to increase the number of passengers that may use the airport within the overall proposed operational limits.

Effects:

 

Economically Significant
Major
Information Collection

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 08/04/2005

Dates for NPRM:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

12/07/2005 

02/27/2006 

02/17/2006 

To OMB

12/21/2005 

05/10/2006 

05/15/2006 

OMB Clearance

01/25/2006 

08/10/2006 

 

Publication Date

02/03/2006 

08/24/2006 

 

End of Comment Period

04/04/2006 

10/24/2006 

 

Explanation for any delay:

Additional coordination necessary

Federal Register Citation for NPRM: None



Federal Aviation Administration

21. 

Filtered Flight Data

Green

Popular Title: Filtered Flight Data

RIN 2120-AI79

Stage: NPRM

Previous Stage:None

Abstract: This rulemaking would amend the digital flight data recorder (DFDR) regulations by prohibiting certain types of signal filtering for a set of specified recorded parameters. This rulemaking is based on recommendations issued by the National Transportation Safety Board (NTSB). The rulemaking is intended to improve the accuracy and quality of the data recorded on DFDRs and used during accident and incident investigations.

Effects:

 

None

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 05/24/2005

Dates for NPRM:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

08/08/2006 

 

 

To OMB

09/08/2006 

 

 

OMB Clearance

12/07/2006 

 

 

Publication Date

12/22/2006 

 

 

End of Comment Period

03/22/2007 

 

 

Explanation for any delay:

N/A

Federal Register Citation for NPRM: None



Federal Highway Administration


Federal Highway Administration

22. 

National Standards for Traffic Control Devices; the Manual on Uniform Traffic Control Devices for Streets and Highways; Maintaining Traffic Sign Retroreflectivity

Red

Popular Title: Retroreflectivity of Road Signs

RIN 2125-AE98

Stage: SNPRM

Previous Stage: NPRM: Publication Date 07/30/2004; End of Comment Period 10/28/2004; Extension of Comment Period 10/22/2004; End of Extended Comment Period 02/01/2005.

Abstract: This action would update the standards for retroreflectivity of traffic signs. Section 406(a) of the Department of Transportation and Related Agencies Appropriations Act of 1993, requires the Secretary of Transportation to revise the MUTCD to include a standard for a minimum level of retroreflectivity that must be maintained for traffic signs. The FHWA is interested in establishing standards for nighttime visibility of traffic signs. The FHWA will develop these standards by considering the results of research, engineering practices and comments received in response to this notice of proposed amendments.

Effects:

 

None

Prompting action: Statute

Legal Deadline: 

None

Rulemaking Project Initiated: 05/07/2003

Dates for SNPRM:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

08/25/2005 

 

08/22/2005 

To OMB

09/23/2005 

02/15/2006 

02/14/2006 

OMB Clearance

12/23/2005 

05/16/2006 

04/24/2006 

Publication Date

01/09/2006 

05/10/2006 

05/08/2006 

End of Comment Period

07/09/2006 

11/10/2006 

11/06/2006 

Explanation for any delay:

Additional coordination necessary

Federal Register Citation for SNPRM: 71 FR 26711



Federal Highway Administration

23. 

Express Lane Demonstration Project

Red

Popular Title: Tolling

RIN 2125-AF07

Stage: NPRM

Previous Stage:None

Abstract: Pursuant to SAFETEA-LU, this rulemaking would establish requirements, standards, or performance specifications for automated toll collection systems implemented under the Express Lanes Demonstration Project.

Effects:

 

None

Prompting action: Statute

Legal Deadline: 

Complete rulemaking : 02/06/2006

Rulemaking Project Initiated: 08/10/2005

Dates for NPRM:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

01/31/2006 

08/04/2006 

 

To OMB

03/02/2006 

09/04/2006 

 

OMB Clearance

06/02/2006 

12/04/2006 

 

Publication Date

06/09/2006 

12/22/2006 

 

End of Comment Period

08/09/2006 

02/22/2007 

 

Explanation for any delay:

Additional coordination necessary

Federal Register Citation for NPRM: None



Federal Highway Administration

24. 

Projects of National and Regional Significance

Red

Popular Title: PNRS

RIN 2125-AF08

Stage: NPRM

Previous Stage:None

Abstract: This rulemaking would, pursuant to SAFETEA-LU, establish the manner in which the Secretary will evaluate and rate the transportation infrastructure projects based on the results of preliminary engineering, project justification, and the degree of non-Federal financial commitment.

Effects:

 

None

Prompting action: Statute

Legal Deadline: 

Final rule : 02/06/2006

Rulemaking Project Initiated: 08/10/2005

Dates for NPRM:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

01/13/2006 

01/30/2006 

01/20/2006 

To OMB

02/13/2006 

04/01/2006 

04/07/2006 

OMB Clearance

05/15/2006 

07/01/2006 

06/29/2006 

Publication Date

05/25/2006 

07/15/2006 

07/24/2006 

End of Comment Period

07/25/2006 

09/15/2006 

09/22/2006 

Explanation for any delay:

Unanticipated issues requiring further analysis

Federal Register Citation for NPRM: 71 FR 41478



Federal Highway Administration

25. 

Metropolitan Transportation Planning

Red

Popular Title: Planning

RIN 2125-AF09

Stage: NPRM

Previous Stage:None

Abstract: This rulemaking would, pursuant to SAFETEA-LU, set standards for the annual listing of projects for which Federal funds have been obligated in the preceeding year and to specify the types of data to be included in such list, including sufficient information about each project to identify its type, location, and amount obligated.

Effects:

 

Information Collection

Prompting action: Statute

Legal Deadline: 

Final Rule : 02/06/2006

Rulemaking Project Initiated: 08/10/2005

Dates for NPRM:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

01/05/2006 

 

01/05/2006 

To OMB

01/25/2006 

04/01/2006 

04/03/2006 

OMB Clearance

03/24/2006 

07/01/2006 

05/31/2006 

Publication Date

04/06/2006 

07/14/2006 

06/09/2006 

End of Comment Period

07/05/2006 

10/15/2006 

09/07/2006 

Explanation for any delay:

Awaiting development of additional data

Federal Register Citation for NPRM: 71 FR 33510



Federal Highway Administration

26. 

Design-Build Contracting

Red

Popular Title: Design-Build

RIN 2125-AF12

Stage: NPRM

Previous Stage:None

Abstract: Pursuant to SAFETEA-LU, this rulemaking would eliminate the prohibition on States issuing requests for proposals, proceeding with awards of design-build contracts, or issuing notices to proceed with preliminary design work under design-build contracts prior to compliance with section 102 of the National Environmental Policy Act of 1969 (NEPA) and requiring State Departments of Transportation or local transportation agencies to receive approval from the Secretary of Transportation before carrying out such activity. This rulemaking would also preclude a design-build contractor from proceeding with final design or construction of any permanent improvement prior to completion of the section 102 NEPA process.

Effects:

 

None

Prompting action: Statute

Legal Deadline: 

Complete rulemaking by : 11/08/2005

Rulemaking Project Initiated: 08/10/2005

Dates for NPRM:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

01/17/2006 

 

12/07/2005 

To OMB

02/17/2006 

02/10/2006 

02/14/2006 

OMB Clearance

05/17/2006 

05/15/2006 

05/08/2006 

Publication Date

05/31/2006 

05/22/2006 

05/25/2006 

End of Comment Period

07/31/2006 

07/22/2006 

07/24/2006 

Explanation for any delay:

Additional coordination necessary

Federal Register Citation for NPRM: 71 FR 30100



Federal Highway Administration

27. 

Surface Transportation Project Delivery Pilot Program

Red

Popular Title: Project Pilot Program

RIN 2125-AF13

Stage: Final Rule

Previous Stage: NPRM: Publication Date 04/05/2006;End of Comment Period 06/05/2006.

Abstract: This rulemaking would establish requirements relating to information required to be contained in any application of a State to participate in the Surface Transportation Project Delivery Pilot Program.

Effects:

 

None

Prompting action: Statute

Legal Deadline: 

Complete rulemaking by : 05/08/2006

Rulemaking Project Initiated: 08/10/2005

Dates for Final Rule:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

09/18/2006 

 

 

To OMB

10/03/2006 

 

 

OMB Clearance

01/04/2007 

 

 

Publication Date

01/12/2007 

 

 

Explanation for any delay:

N/A

Federal Register Citation for Final Rule: None



Federal Highway Administration

28. 

Parks, Recreation Areas, Wildlife and Waterfowl Refuges, and Historical Sites

Red

Popular Title: 4(f) Parks

RIN 2125-AF14

Stage: NPRM

Previous Stage:None

Abstract: This FHWA/FTA joint rulemaking would clarify the factors to be considered and the standards to be applied in determining the prudence and feasability of alternatives under section 4(f) (138 of title 23, U.S. Code, and section 303 of title 49, U.S. Code). Section 4(f) properties include certain parks, recreation areas, wildlife and waterfowl refuges, and historic sites described in section 4(f) of the Department of Transportation Act of 1966 (P.L. 89-670). Section 4(f) generally prohibits the use of such properties for transportation projects unless the Secretary of Transportation finds there is no feasible and prudent alternative and all possible planning to minimize the harm is undertaken.

Effects:

 

None

Prompting action: Statute

Legal Deadline: 

Final rule by : 08/10/2006

Rulemaking Project Initiated: 08/10/2005

Dates for NPRM:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

11/21/2005 

01/20/2006 

12/29/2005 

To OMB

12/16/2005 

06/01/2006 

04/27/2006 

OMB Clearance

01/16/2006 

09/01/2006 

07/14/2006 

Publication Date

01/25/2006 

09/15/2006 

07/27/2006 

End of Comment Period

03/27/2006 

11/15/2006 

09/25/2006 

Explanation for any delay:

Additional coordination necessary

Federal Register Citation for NPRM: 71 FR 42611



Federal Motor Carrier Safety Administration


Federal Motor Carrier Safety Administration

29. 

Medical Certification Requirements as Part of the CDL

Red

Popular Title: Medical CDL

RIN 2126-AA10

Stage: NPRM

Previous Stage: ANPRM: Publication Date 7/15/94; End of Comment Period 11/14/94.

Abstract: This rulemaking would provide for Federal medical certification as part of the commercial driver's license (CDL), as required by Section 215 of the Motor Carrier Safety Improvement Act. Incorporating medical certification status information from the medical examiner's certificate into the State-administered CDLIS driver recordkeeping processes would improve highway safety by preventing medically uncertified individuals from obtaining or retaining a CDL, and enable detection of uncertified drivers as part of enforcement. It would also eliminate the requirement for CDL operators to carry their medical examiner's certificate in addition to their CDL.

Effects:

 

Information Collection
Privacy Impact

Prompting action: Statute

Legal Deadline: 

None

Rulemaking Project Initiated: 07/15/1993

Dates for NPRM:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

09/30/2002 

02/27/2006 

03/02/2006 

To OMB

11/01/2002 

08/02/2006 

 

OMB Clearance

02/01/2003 

11/02/2006 

 

Publication Date

02/15/2003 

11/10/2006 

 

End of Comment Period

04/15/2003 

01/10/2007 

 

Explanation for any delay:

Unanticipated issues requiring further analysis

Federal Register Citation for NPRM: None



Federal Motor Carrier Safety Administration

30. 

Unified Registration System

Red

Popular Title: URS

RIN 2126-AA22

Stage: SNPRM

Previous Stage: ANPRM: Publication Date 8/26/96; End of Comment Period 10/25/96. NPRM: Publication Date 05/19/2005;End of Comment Period 08/17/2005.

Abstract: This rulemaking would replace three current identification and registration systems: the US DOT number identification system, the commercial registration system, and the financial responsibility system, with an online Federal unified registration system. This system would serve as a clearinghouse and depository of information on, and identification of, brokers, freight forwarders, and others required to register with the Department of Transportation. The Agency is revising this rulemaking to address amendments directed by SAFETEA-LU. The replacement system for the Single State Registration System, which the ICC Termination Act originally directed be merged under URS, will be addressed separately.

Effects:

 

Regulatory Flexibility Act
Information Collection

Prompting action: Statute

Legal Deadline: 

Final Rule : 01/01/1998

Rulemaking Project Initiated: 01/01/1996

Dates for SNPRM:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

02/02/2007 

 

 

To OMB

03/08/2007 

 

 

OMB Clearance

06/08/2007 

 

 

Publication Date

06/29/2007 

 

 

End of Comment Period

09/28/2007 

 

 

Explanation for any delay:

Additional coordination necessary
Other, higher priorities
Unanticipated issues requiring further analysis

Federal Register Citation for SNPRM: None



Federal Motor Carrier Safety Administration

31. 

Application by Certain Mexico-Domiciled Motor Carriers to Operate Beyond U.S. Municipalities and Commercial Zones on the U.S.-Mexico Border

Red

Popular Title: Mexico-Domiciled Motor Carriers

RIN 2126-AA34

Stage: Undetermined

Previous Stage: NPRM: Publication Date 05/03/2001; End of Comment Period 07/02/2001. Interim Final Rule: Publication Date 03/19/2002; End of Comment Period 04/18/2002.

Abstract: This rulemaking changes FMCSA regulations to govern applications by Mexican carriers to operate beyond municipalities and commercial zones at the United State-Mexico border. It also revises the application form, OP-1MX, to be filed by these Mexican motor carriers. The revised form requires additional information about the applicant's business and operating practices to allow the FMCSA to determine if the applicant can meet the safety standards established for operating in interstate commerce in the United States. Carriers that had previously submitted an application would have to submit the updated form. These changes are needed to implement part of the North American Free Trade Agreement (NAFTA). On January 16, 2003, the Ninth Circuit Court remanded this rule, along with two other NAFTA-related rules, to the agency, requiring a full environmental impact statement and an analysis required by the Clean Air Act. On June 7, 2004, the Supreme Court reversed the Ninth Circuit and remanded the case, holding that FMCSA is not required to prepare the environmental documents as ruled by the Ninth Circuit. FMCSA is waiting for Interim Final Rule experience after the border opens before deciding what to do next on this rulemaking. FMCSA originally planned to publish a final rule by November 20, 2003.

Effects:

 

Information Collection

Prompting action: International Agreement

Legal Deadline: 

None

Rulemaking Project Initiated: 02/07/2001

Dates for Undetermined:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

 

 

 

To OMB

 

 

 

OMB Clearance

 

 

 

Publication Date

 

 

 

End of Comment Period

 

 

 

Explanation for any delay:

Unanticipated issues requiring further analysis

Federal Register Citation for Undetermined: None



Federal Motor Carrier Safety Administration

32. 

Safety Monitoring System and Compliance Initiative for Mexico-Domiciled Motor Carriers Operating in the United States

Red

Popular Title: Safety Monitoring

RIN 2126-AA35

Stage: Undetermined

Previous Stage: NPRM: Publication Date 05/03/2001; End of Comment Period 07/02/2001. Interim Final Rule: Publication Date 03/19/2002; End of Comment Period 04/18/2002.

Abstract: This rule would implement a safety monitoring system and compliance initiative designed to evaluate the continuing safety fitness of all Mexico-domiciled carriers within 18 months after receiving a provisional Certificate of Registration or provisional authority to operate in the United States. It also would establish suspension and revocation procedures for provisional Certificates of Registration and operating authority, and incorporate criteria to be used by FMCSA in evaluating whether Mexico-domiciled carriers exercise basic safety management controls. The interim rule included requirements that were not proposed in the NPRM but which are necessary to comply with the FY-2002 DOT Appropriations Act. On January 16, 2003, the Ninth Circuit Court of Appeals remanded this rule, along with two other NAFTA-related rules, to the agency, requiring a full environmental impact statement and an analysis required by the Clean Air Act. On June 7, 2004, the Supreme Court reversed the Ninth Circuit and remanded the case, holding that FMCSA is not required to prepare the environmental documents. FMCSA is waiting for Interim Final Rule experience after the border opens before deciding what to do next on this rulemaking. FMCSA originally planned to publish a final rule by November 28, 2003.

Effects:

 

Regulatory Flexibility Act
Federalism
EIS
Information Collection

Prompting action: International Agreement

Legal Deadline: 

None

Rulemaking Project Initiated: 02/07/2001

Dates for Undetermined:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

 

 

 

To OMB

 

 

 

OMB Clearance

 

 

 

Publication Date

 

 

 

End of Comment Period

 

 

 

Explanation for any delay:

Unanticipated issues requiring further analysis

Federal Register Citation for Undetermined: None



Federal Motor Carrier Safety Administration

33. 

New Entrant Safety Assurance Process

Red

Popular Title: New Entrant

RIN 2126-AA59

Stage: NPRM

Previous Stage: Interim Final Rule: Publication Date 05/13/2002; End of Comment Period 7/12/2002; IFR Effective Date 01/01/2003.

Abstract: This rulemaking would change the New Entrant Safety Assurance Process by raising the standard of compliance for passing the new entrant safety audit. It also would make clarifying changes to some of the existing new entrant regulations. The rule also proposes a separate application procedure and safety oversight system for non-North America-domiciled motor carriers. The proposed rule would improve the agency's ability to identify at-risk new entrant carriers and would ensure deficiencies in basic safety management controls are corrected before the new entrant is granted permanent registration. These changes would not impose additional operational requirements on any new entrant carrier. All new entrants would continue to receive educational information on how to comply with the safety regulations and be given an opportunity to correct any deficiencies found. FMCSA recognizes many new entrants are small businesses that are unaware of these requirements and continue to need our assistance.

Effects:

 

Information Collection

Prompting action: Statute

Legal Deadline: 

None

Rulemaking Project Initiated: 12/09/1999

Dates for NPRM:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

08/17/2004 

09/09/2005 

09/12/2005 

Returned to Mode

 

 

09/27/2005 

Resubmitted to OST

 

02/22/2006 

03/03/2006 

To OMB

09/17/2004 

08/04/2006 

 

OMB Clearance

12/17/2004 

11/06/2006 

 

Publication Date

12/31/2004 

11/17/2006 

 

End of Comment Period

02/28/2005 

01/17/2007 

 

Explanation for any delay:

Additional coordination necessary
Other, higher priorities
Unanticipated issues requiring further analysis

Federal Register Citation for NPRM: None



Federal Motor Carrier Safety Administration

34. 

Certification of Safety Auditors, Safety Investigators, and Safety Inspectors

Red

Popular Title: Safety Auditors Certification

RIN 2126-AA64

Stage: NPRM

Previous Stage: Interim Final Rule: Publication Date 03/19/2002; End of Comment Period 05/20/2002; Extension of Compliance 06/17/02; End of Extended Compliance 07/17/02. IFR Extension of Statutory Compliance Date: Publication Date 7/28/2003. Notice of Environmental Assessment: Publication Date 10/02/2003; End of Comment Period 11/03/2003. Notice of Statutory Compliance Date: Publication Date 12/23/2003; Compliance Date 1/01/2004.

Abstract: This rulemaking requires that any safety inspection, audit, or review be conducted by a certified investigator. It specifically gives FMCSA authority to decertify an investigator, including a third-party investigator, for failure to meet the prescribed certification standards. It is required by section 211 of the Motor Carrier Safety Improvement Act. Based on comments to the IFR, the agency will issue an NPRM that addresses issues not clarified in the IFR.

Effects:

 

None

Prompting action: Statute

Legal Deadline: 

Complete NPRM : 12/09/2000

Rulemaking Project Initiated: 12/09/1999

Dates for NPRM:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

07/08/2005 

01/17/2007 

 

To OMB

08/08/2005 

02/17/2007 

 

OMB Clearance

11/07/2005 

05/17/2007 

 

Publication Date

11/14/2005 

05/31/2007 

 

End of Comment Period

01/13/2006 

07/31/2007 

 

Explanation for any delay:

Other, higher priorities
Unanticipated issues requiring further analysis

Federal Register Citation for NPRM: None



Federal Motor Carrier Safety Administration

35. 

Limitations on the Issuance of Commercial Driver Licenses with a Hazardous Materials Endorsement

Green

Popular Title: USA PATRIOT Act Rule

RIN 2126-AA70

Stage: Interim Final Rule/4

Previous Stage: Interim Final Rule: Publication Date 05/05/2003; End of Comment Period 07/07/2003. IFR Delay of Compliance Date: Publication Date 11/07/2003; End of Comment Period 01/06/2004. IFR Delay of Compliance Date: Publication Date 08/19/2004; Interim Final Rule/3: Publication Date 08/19/2004.

Abstract: This rulemaking would prohibit States from issuing, renewing, transferring or upgrading a commercial driver's license (CDL) with a hazardous materials endorsement, unless the Transportation Security Administration (TSA) has first conducted a background check on the applicant and determined the applicant does not pose a security risk warranting denial of the hazardous materials endorsement. FMCSA and TSA simultaneously published interim final rules. FMCSA has published another IFR corresponding to TSA's extension of compliance date. This action is considered significant because of substantial public and congressional interest, and national security.

Effects:

 

None

Prompting action: Statute

Legal Deadline: 

None

Rulemaking Project Initiated: 10/26/2001

Dates for Interim Final Rule/4:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

03/22/2005 

 

03/21/2005 

Publication Approved

05/26/2005 

 

04/25/2005 

Publication Date

05/31/2005 

 

04/29/2005 

Explanation for any delay:

N/A

Federal Register Citation for Interim Final Rule/4: 70 FR 22268



Federal Motor Carrier Safety Administration

36. 

Penalties, Inspection, and Decal Display Requirements for Mexico-Domiciled Motor Carriers

Green

Popular Title: CVSA decals

RIN 2126-AA72

Stage: NPRM

Previous Stage:None

Abstract: This rulemaking would amend part 396 of the Federal Motor Carrier Safety Regulations (FMCSRs) to incorporate requirements, as codified in parts 365 and 385, that all CMVs operated by Mexico-domiciled motor carriers holding authority to transport property or passengers beyond the commercial zones of U.S. municipalities on the United States-Mexico border must display a Commercial Vehicle Safety Alliance (CVSA) decal issued by a certified inspector. Adding this requirement to part 396 will enable FMCSA to assess civil penalties against Mexico-domiciled long-haul motor carriers that operate vehicles without the necessary CVSA decal. This rulemaking would also clarify that carriers will be required to obtain the necessary inspection decal before proceeding beyond border ports of entry or the nearby CMV safety inspection facility. By providing for more effective enforcement of the inspection decal requirements, this rule will help ensure that these motor carriers operate safe vehicles in the United States. This rulemaking is being redrafted to reflect changes made by recent reauthorization legislation.

Effects:

 

None

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 02/09/2002

Dates for NPRM:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

10/30/2006 

 

 

To OMB

12/06/2006 

 

 

OMB Clearance

03/06/2007 

 

 

Publication Date

03/27/2007 

 

 

End of Comment Period

05/29/2007 

 

 

Explanation for any delay:

N/A

Federal Register Citation for NPRM: None



Federal Motor Carrier Safety Administration

37. 

Hours of Service of Drivers; Supporting Documents

Red

Popular Title: Supporting Documents

RIN 2126-AA76

Stage: Final Rule

Previous Stage: NPRM: Publication Date 4/20/1998; End of Comment Period 6/19/1998. SNPRM: Publication Date 11/03/2004; End of Comment Period 01/03/2005.

Abstract: This rulemaking would amend the hours-of-service recordkeeping requirements to clarify what supporting documents motor carriers must have to validate hours of service records. It will clarify: That the duty of motor carriers is to verify the accuracy of drivers' hours of service (HOS) and records of duty status (RODS) if including automatic on-board records; that the driver's duty is to collect and submit to the motor carrier all supporting documents with the RODS; that carriers are required to maintain supporting documents with the RODS; and that a supporting document based on a self-monitoring system is required to be the primary method for ensuring compliance with the HOS regulations. It would allow the use of electronic documents as a supplement to, and in certain instances in lieu of, paper supporting documents in recognition of developing technologies. It would clarify the definitions of "supporting documents," "employee," and "driver," and the current requirement that each motor carrier use a self-monitoring system to verify HOS and RODS. This rulemaking is considered significant because of substantial industry interest and safety.

Effects:

 

Information Collection
Privacy Impact

Prompting action: Statute

Legal Deadline: 

Rule to be issued and become effective : 02/26/1996

Rulemaking Project Initiated: 08/26/1994

Dates for Final Rule:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

12/09/2005 

02/09/2006 

02/03/2006 

Returned to Mode

 

 

03/06/2006 

Resubmitted to OST

 

 

03/20/2006 

Resubmitted to OST/2

 

 

04/26/2006 

Resubmitted to OST/3

 

 

05/04/2006 

To OMB

01/11/2006 

06/15/2006 

06/20/2006 

OMB Clearance

04/11/2006 

09/30/2006 

 

Publication Date

04/30/2006 

10/13/2006 

 

Explanation for any delay:

Additional coordination necessary
Unanticipated issues requiring further analysis

Federal Register Citation for Final Rule: None



Federal Motor Carrier Safety Administration

38. 

Enforcement of Operating Authority Requirements

Red

Popular Title: Operating Authority Enforcement

RIN 2126-AA78

Stage: Final Rule

Previous Stage: Interim Final Rule: Publication Date 08/28/2002; End of Comment Period 10/28/2002.

Abstract: This rulemaking would require that a motor carrier who is subject to authority requirements at 49 U.S.C. 13902 may not operate a CMV in interstate commerce unless it has applied for and been granted operating authority by FMCSA. It also would prohibit motor carriers from operating beyond the scope of their authorization. Moreover, if vehicles are discovered operating in violation of such authority requirements, they would be placed out of service, and the carrier may be subject to additional penalties. This action makes State enforcement of authority requirements a condition of MCSAP eligibility.

Effects:

 

None

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 07/29/2002

Dates for Final Rule:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

07/14/2003 

02/01/2007 

06/07/2006 

To OMB

08/14/2003 

03/06/2007 

 

OMB Clearance

11/14/2003 

06/06/2007 

 

Publication Date

11/28/2003 

06/29/2007 

 

Explanation for any delay:

Other, higher priorities
Unanticipated issues requiring further analysis

Federal Register Citation for Final Rule: None



Federal Motor Carrier Safety Administration

39. 

Brokers of Household Goods Transportation by Motor Vehicle

Red

Popular Title: Household Goods Brokers

RIN 2126-AA84

Stage: NPRM

Previous Stage: ANPRM: Publication Date 12/22/2004; End of Comment Period 02/22/2005.

Abstract: This rulemaking would address the American Moving and Storage Association's petition for rulemaking and implement certain provisions of Subtitle B of SAFETEA-LU. FMCSA will determine in this rulemaking whether 49 CFR part 371 needs to be amended to protect consumers against unscrupulous brokers of household goods.

Effects:

 

Information Collection

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 05/12/2003

Dates for NPRM:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

09/02/2005 

04/07/2006 

04/18/2006 

To OMB

10/06/2005 

07/18/2006 

07/10/2006 

OMB Clearance

12/16/2005 

10/18/2006 

 

Publication Date

12/30/2005 

10/27/2006 

 

End of Comment Period

02/28/2006 

12/27/2007 

 

Explanation for any delay:

Unanticipated impacts requiring further analysis

Federal Register Citation for NPRM: None



Federal Motor Carrier Safety Administration

40. 

Requirements for Intermodal Equipment Providers and Motor Carriers and Drivers Operating Intermodal Equipment

Red

Popular Title: Intermodal Container Chassis

RIN 2126-AA86

Stage: NPRM

Previous Stage:None

Abstract: This rulemaking would require entities that offer intermodal container chassis for transportation in interstate commerce to: file a Motor Carrier Identification Report (Form MCS-150); display a USDOT identification number on each chassis offered for such transportation; establish a systematic inspection, repair and maintenance program to ensure the safe operating condition of each chassis offered for transportation and maintain documentation of the program; and provide a means for effectively responding to driver and motor carrier complaints about the condition of intermodal container chassis. The rulemaking is considered significant because of substantial industry and congressional interest and because it involves other departmental modes. This rulemaking was redrafted to reflect changes made by recent reauthorization legislation.

Effects:

 

Information Collection

Prompting action: Statute

Legal Deadline: 

None

Rulemaking Project Initiated: 01/26/2004

Dates for NPRM:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

09/15/2004 

02/23/2006 

02/27/2006 

Returned to Mode

 

 

03/28/2006 

Resubmitted to OST

 

 

04/12/2006 

To OMB

10/15/2004 

08/04/2006 

 

OMB Clearance

01/15/2005 

11/06/2006 

 

Publication Date

01/31/2005 

11/17/2006 

 

End of Comment Period

03/30/2005 

01/17/2007 

 

Explanation for any delay:

Awaiting outcome of pending legislation

Federal Register Citation for NPRM: None



Federal Motor Carrier Safety Administration

41. 

Electronic On-Board Recorders for Hours-of-Service Compliance

Red

Popular Title: Electronic On-Board Recorders

RIN 2126-AA89

Stage: NPRM

Previous Stage: ANPRM: Publication Date 9/01/2004; End of Comment Period 11/30/2004.

Abstract: This rulemaking would amend FMCSA regulations concerning the use of electronic on-board recording devices as a way to document compliance with the Federal hours-of-service rules. The agency is seeking information on issues to be considered in the development of improved performance specifications for these recording devices. This will help ensure that future requirements for the use of on-board recorders are appropriate when applied to emerging technologies. This action is considered significant because of substantial industry and public interest and its importance in responding to a recent court decision.

Effects:

 

Major
Unfunded Mandate
Information Collection
Privacy Impact
Peer Review

Prompting action: Court Action

Legal Deadline: 

None

Rulemaking Project Initiated: 08/09/2004

Dates for NPRM:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

10/10/2005 

02/17/2006 

03/02/2006 

To OMB

11/09/2005 

08/04/2006 

 

OMB Clearance

02/07/2006 

11/06/2006 

 

Publication Date

02/17/2006 

11/17/2006 

 

End of Comment Period

03/20/2006 

01/17/2007 

 

Explanation for any delay:

Additional coordination necessary

Federal Register Citation for NPRM: None



Federal Motor Carrier Safety Administration

42. 

Parts and Accessories Necessary for Safe Operations; Surge Brake Requirements

Green

Popular Title: Surge Brakes

RIN 2126-AA91

Stage: Final Rule

Previous Stage: NPRM: Publication Date 10/07/2005; End of Comment Period 12/06/2005.

Abstract: This rulemaking would amend the Federal Motor Carrier Safety Regulations (FMCSRs) to allow the use of automatic hydraulic inertia brake systems (surge brakes) on trailers operated in interstate commerce, in response to a petition for rulemaking from the Surge Brake Coalition. Currently, surge brakes are not considered by FMCSA to comply with the requirements that all brakes on a commercial motor vehicle (CMV) be capable of operating at all times, and that a single valve (or brake application control mechanism) apply the brakes on the towing unit and trailer, simultaneously. The intent of this rulemaking is to adopt performance-based brake system requirements to allow the use of surge brakes on certain combinations of CMVs, based upon engineering test data submitted by the Surge Brake Coalition.

Effects:

 

None

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 08/27/2004

Dates for Final Rule:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

06/02/2006 

07/03/2006 

06/30/2006 

To OMB

07/03/2006 

08/02/2006 

 

OMB Clearance

10/03/2006 

11/02/2006 

 

Publication Date

10/16/2006 

11/09/2006 

 

Explanation for any delay:

N/A

Federal Register Citation for Final Rule: None



Federal Motor Carrier Safety Administration

43. 

Qualifications of Drivers; Diabetes Standard

Green

Popular Title: Diabetes Standard

RIN 2126-AA95

Stage: ANPRM

Previous Stage:None

Abstract: This rulemaking action would amend FMCSA's medical qualifications standards to allow drivers with insulin-treated diabetes mellitus to operate commercial motor vehicles in interstate commerce, without seeking an exemption from the FMCSRs. This action is in response to Section 4129 of the Safe, Accountable, Flexible and Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU).

Effects:

 

None

Prompting action: Statute

Legal Deadline: 

None

Rulemaking Project Initiated: 08/10/2005

Dates for ANPRM:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

12/05/2005 

 

12/06/2005 

To OMB

01/05/2006 

02/03/2006 

02/14/2006 

OMB Clearance

04/07/2006 

05/15/2006 

03/01/2006 

Publication Date

04/14/2006 

05/26/2006 

03/17/2006 

End of Comment Period

06/14/2006 

07/26/2006 

06/15/2006 

Explanation for any delay:

N/A

Federal Register Citation for ANPRM: 71FR13801



Federal Motor Carrier Safety Administration

44. 

National Registry of Certified Medical Examiners

Green

Popular Title: National Registry

RIN 2126-AA97

Stage: NPRM

Previous Stage: None

Abstract: This rulemaking would establish training, testing and certification standards for medical examiners responsible for certifying that interstate commercial motor vehicle drivers meet the applicable physical qualifications standards; provide a database (or National Registry) of medical examiners that meet the prescribed standards for use by motor carriers, drivers, and Federal and State enforcement personnel in determining whether a medical examiner is qualified to conduct examinations of interstate truck and bus drivers; require medical examiners to transmit electronically to FMCSA the name of drivers and a numerical identifier for each driver that is examined; and require medical examiners to transmit electronically the medical certificate for each CDL-holder that operates in interstate commerce to the State that issued the CDL. The rulemaking would also establish the process by which medical examiners that fail to meet or maintain the minimum standards would be removed from the National Registry. This action is in response to section 4116 of SAFETEA-LU.

Effects:

 

Economically Significant
Major
Unfunded Mandate
Regulatory Flexibility Act
Information Collection
Privacy Impact

Prompting action: Statute

Legal Deadline: 

None

Rulemaking Project Initiated: 08/10/2005

Dates for NPRM:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

07/21/2006 

02/07/2007 

 

To OMB

08/21/2006 

03/07/2007 

 

OMB Clearance

11/20/2006 

06/05/2007 

 

Publication Date

11/28/2006 

06/15/2007 

 

Explanation for any delay:

N/A

Federal Register Citation for NPRM: None



Federal Motor Carrier Safety Administration

45. 

Interstate Van Operations (Camionetas)

Green

Popular Title: Interstate Van Operations

RIN 2126-AA98

Stage: Final Rule

Previous Stage: None

Abstract: This rulemaking would make the requirements concerning driver qualifications; driving of CMVs; parts and accessories necessary for safe operations; hours of service; and inspection, repair, and maintenance applicable to the operation of vehicles designed or used to transport between 9 and 15 passengers (including the driver) for direct compensation, in interstate commerce, regardless of the distance traveled. Currently the safety regulations apply to such vans when the vehicle is operated beyond a 75 air-mile radius of the driver's work reporting location. This action is in response to SAFETEA-LU.

Effects:

 

Economically Significant
Major
Unfunded Mandate
Regulatory Flexibility Act
Information Collection

Prompting action: Statute

Legal Deadline: 

None

Rulemaking Project Initiated: 08/10/2005

Dates for Final Rule:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

08/08/2007 

 

 

To OMB

09/14/2007 

 

 

OMB Clearance

12/17/2007 

 

 

Publication Date

12/24/2007 

 

 

Explanation for any delay:

N/A

Federal Register Citation for Final Rule: None



Federal Motor Carrier Safety Administration

46. 

Revocation of Operating Authority

Green

Popular Title: Revocation of Operating Authority

RIN 2126-AA99

Stage: NPRM

Previous Stage:None

Abstract: This rulemaking would enable FMCSA to suspend the registration of a for-hire motor carrier, a freight forwarder, or a broker for failure to comply with certain regulations. In addition, this rule would enable FMCSA to revoke registration of a for-hire motor carrier that has been prohibited from operating in interstate commerce for failure to comply with the safety fitness requirements.

Effects:

 

Regulatory Flexibility Act

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 08/10/2005

Dates for NPRM:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

09/29/2006 

 

 

To OMB

10/30/2006 

 

 

OMB Clearance

01/31/2007 

 

 

Publication Date

02/09/2007 

 

 

End of Comment Period

04/10/2007 

 

 

Explanation for any delay:

N/A

Federal Register Citation for NPRM: None



Federal Motor Carrier Safety Administration

47. 

Patterns of Safety Violations by Carrier Management

Green

Popular Title: Patterns of Safety Violations

RIN 2126-AB00

Stage: NPRM

Previous Stage:None

Abstract: This rulemaking would enable FMCSA to suspend, amend, or revoke the registration of a for-hire motor carrier if any of its officers has engaged in a pattern or practice of avoiding compliance or concealing non-compliance with Federal standards. In addition, this rule would allow FMCSA to deny an application of a for-hire motor carrier if any of the company's officers has a history of engaging in a pattern of non-compliance.

Effects:

 

Regulatory Flexibility Act

Prompting action: Statute

Legal Deadline: 

None

Rulemaking Project Initiated: 08/10/2005

Dates for NPRM:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

05/21/2007 

 

 

To OMB

06/21/2007 

 

 

OMB Clearance

09/21/2007 

 

 

Publication Date

09/28/2007 

 

 

End of Comment Period

11/28/2007 

 

 

Explanation for any delay:

N/A

Federal Register Citation for NPRM: None



Federal Railroad Administration


Federal Railroad Administration

48. 

Locomotive Crashworthiness

Red

Popular Title: Locomotive Crashworthiness

RIN 2130-AB23

Stage: Final Rule

Previous Stage: NPRM: Publication Date 11/02/2004; End of Comment Period 01/03/2005; Extension of Comment Period 01/12/2005; End of Extended of Comment Period 02/03/2005.

Abstract: This rulemaking will address the crashworthiness of locomotives pursuant to the Rail Safety Enforcement and Review Act of (1992). FRA investigated locomotive crashworthiness, as well as a variety of locomotive working conditions (See RIN 2130-AA89) and reported its finding to Congress. This rulemaking will establish comprehensive, minimum standards for locomotive crashworthiness. Locomotive crashworthiness protection is necessary because locomotive collisions can result in crew injuries and fatalities. These performance standards are intended to help protect locomotive cab occupants in the event of a locomotive collision. Examples of locomotive collision scenarios considered include collisions with another locomotive, the rear of another train, a piece of on-track equipment, a shifted load on a freight car on an adjacent parallel track, or a highway vehicle at a rail-highway grade crossing. These crashworthiness standards must be met by demonstrating compliance with either the rule's performance standards or a FRA-approved design standard.

Effects:

 

Regulatory Flexibility Act
Negotiated Rulemaking

Prompting action: Statute

Legal Deadline: 

Report to Congress by : 03/03/1995

Rulemaking Project Initiated: 01/27/1998

Dates for Final Rule:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

11/30/2005 

 

11/28/2005 

To OMB

12/30/2005 

02/10/2006 

02/14/2006 

OMB Clearance

03/30/2006 

05/15/2006 

04/18/2006 

Publication Date

04/07/2006 

06/30/2006 

06/28/2006 

Explanation for any delay:

Additional coordination necessary

Federal Register Citation for Final Rule: None



Federal Railroad Administration

49. 

Occupational Noise Exposure for Railroad Operating Employees

Red

Popular Title: Occupational Noise

RIN 2130-AB56

Stage: Final Rule

Previous Stage: NPRM: Publication Date 06/23/2004; End of Comment Period 09/21/2004.

Abstract: This rulemaking amends FRA's occupational noise standards for railroad employees whose predominant noise exposure occurs in the locomotive cab. FRA's previous standard limited cab employee noise exposure to certain levels based on the duration of employee exposure. This rulemaking modifies that standard and also sets out additional requirements. The rulemaking requires railroads to conduct noise monitoring and to implement a hearing conservation program, which includes hearing tests (audiograms), training, and monitoring. The rulemaking also establishes design, build, and maintenance standards for new locomotives and maintenance requirements for existing locomotives. FRA expects that this rulemaking will reduce the likelihood of noise-induced hearing loss for railroad operating employees.

Effects:

 

Regulatory Flexibility Act
Negotiated Rulemaking

Prompting action: Statute

Legal Deadline: 

None

Rulemaking Project Initiated: 06/24/1997

Dates for Final Rule:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

10/05/2005 

01/09/2006 

01/09/2006 

Returned to Mode

 

05/31/2006 

05/31/2006 

Resubmitted to OST

 

06/05/2006 

05/31/2006 

To OMB

11/03/2005 

07/06/2006 

06/26/2006 

OMB Clearance

02/03/2006 

10/07/2006 

 

Publication Date

02/17/2006 

10/17/2006 

 

Explanation for any delay:

Other, higher priorities

Federal Register Citation for Final Rule: None



Federal Railroad Administration

50. 

Amendments to Design Standards for Pressurized Railroad Tank Cars

Red

Popular Title: Pressurized Tank Cars

RIN 2130-AB69

Stage: NPRM

Previous Stage:None

Abstract: This rulemaking would amend the existing design standards for pressurized tank cars pursuant to section 9005 of SAFETEA-LU.

Effects:

 

None

Prompting action: Statute

Legal Deadline: 

NPRM by : 02/10/2007

Rulemaking Project Initiated: 08/10/2005

Dates for NPRM:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

04/30/2008 

 

 

To OMB

05/28/2008 

 

 

OMB Clearance

08/26/2008 

 

 

Publication Date

08/29/2008 

 

 

End of Comment Period

10/28/2008 

 

 

Explanation for any delay:

Awaiting development of additional data

Federal Register Citation for NPRM: None



Federal Railroad Administration

51. 

Passenger Train Emergency Systems

Green

Popular Title: Passenger Train Emergency Systems

RIN 2130-AB72

Stage: NPRM

Previous Stage:None

Abstract: This rulemaking would promote the safety of passengers and crew members in passenger train emergencies by enhancing FRA's regulations for passenger train emergency systems. The rulemaking will address passenger train emergency communication systems (public address and intercom systems), emergency evacuation systems (doors, emergency window exits, rescue access windows, and emergency roof access locations), and marking signage systems.

Effects:

 

None

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 08/26/2005

Dates for NPRM:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

03/02/2006 

 

03/06/2006 

To OMB

04/06/2006 

05/12/2006 

04/27/2006 

OMB Clearance

07/06/2006 

08/11/2006 

07/12/2006 

Publication Date

07/20/2006 

08/25/2006 

 

End of Comment Period

09/20/2006 

10/25/2006 

 

Explanation for any delay:

N/A

Federal Register Citation for NPRM: None



Federal Railroad Administration

52. 

Use of Locomotive Horns at Highway-Rail Grade Crossings

Red

Popular Title: Whistle Bans/Train Horn

RIN 2130-AB73

Stage: Reconsideration of Final Rule

Previous Stage: Final Rule

Abstract: This rulemaking would amend the final rule on the Use of Locomotive Horns at Highway-Rail Grade Crossings, in response to petitions for reconsideration that have been submitted by the Association of American Railroads, BNSF Railway Company, GE Transportation - Rail and Qwick Kurb, Inc. FRA also intends to make clarifying amendments to various provisions of the final rule.

Effects:

 

Regulatory Flexibility Act
EIS

Prompting action: Statute

Legal Deadline: 

None

Rulemaking Project Initiated: 11/02/1994

Dates for Reconsideration of Final Rule:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

12/30/2005 

12/30/2005 

12/30/2005 

To OMB

01/31/2006 

04/28/2006 

04/24/2006 

OMB Clearance

05/01/2006 

07/28/2006 

07/24/2006 

Publication Date

05/05/2006 

08/07/2006 

 

Explanation for any delay:

Awaiting development of additional data

Federal Register Citation for Reconsideration of Final Rule: None



Federal Railroad Administration

53. 

Grant Program for Local Rail Line Relocation and Improvement Projects

Red

Popular Title: Rail Relocation and Improvement

RIN 2130-AB74

Stage: NPRM

Previous Stage:None

Abstract: This rulemaking would address the establishment of a grant program authorizing the Secretary to provide financial assistance to States for local rail line relocation and improvement projects. This rulemaking would create a new part to title 49 of the Code of Federal Regulations; establish regulations governing financial assistance under Part 261, including the project selection criteria; and solicit applications for Capital Grants for Rail Line Relocation Projects. This rulemaking is required by Section 9002 of the Safe Accountable, Flexible, Efficient Transportation Act: A legacy for Users (SAFETEA-LU). Section 9002 authorizes, but does not appropriate, $350,000,000 per year for each of the fiscal years (FY) 2006 through 2009 for the purpose of funding a grant program to provide financial assistance for local rail line relocation and improvement projects. Congress has not appropriated any funding for the program for FY 2006.

Effects:

 

Economically Significant
Major

Prompting action: Statute

Legal Deadline: 

Temporary Rules : 04/01/2006
Final Rule : 10/01/2006

Rulemaking Project Initiated: 08/10/2005

Dates for NPRM:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

03/17/2006 

03/31/2006 

04/05/2006 

To OMB

04/18/2006 

08/20/2006 

 

OMB Clearance

07/17/2006 

11/19/2006 

 

Publication Date

07/21/2006 

11/30/2006 

 

Explanation for any delay:

Additional coordination necessary

Federal Register Citation for NPRM: None



Federal Railroad Administration

54. 

Assessment of Fees on Commuter Railroads for Use of Northeast Corridor Infrastructure

Green

Popular Title: Northeast Corridor Infrastructure Fees

RIN 2130-AB75

Stage: Interim Final Rule

Previous Stage:None

Abstract: This rulemaking would govern the assessment and collection of fees from each commuter rail authority that operates over the Northeast Corridor, which reflect that rail authority's use of the corridor and its share of maintenance and capital improvements. Any fees assessed will, however, be offset by any direct annual contributions that have already been made by that rail authority for Northeast Corridor capital and maintenance expenses. Revenues from collected fees will then be merged with the capital appropriation and will be provided to, and spent by, Amtrak for capital investment.

Effects:

 

Regulatory Flexibility Act

Prompting action: Statute

Legal Deadline: 

Fee Assessment : 09/30/2006

Rulemaking Project Initiated: 11/30/2005

Dates for Interim Final Rule:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

03/01/2006 

04/04/2006 

04/11/2006 

Explanation for any delay:

Additional coordination necessary

Federal Register Citation for Interim Final Rule: None



Federal Transit Administration


Federal Transit Administration

55. 

Major Capital Investment Projects - New/Small Starts

Red

Popular Title: New/Small Starts

RIN 2132-AA81

Stage: NPRM

Previous Stage: ANPRM: Publication Date 01/30/2006; End of Comment Period 03/10/2006.

Abstract: This rulemaking would establish a simplified evaulation process for projects seeking less than $75 million in New Starts funds. The rule will set out FTA's evaluation and rating process for proposed projects based on the results of project justification and local financial commitment. This action is mandated by SAFETEA-LU.

Effects:

 

Regulatory Flexibility Act

Prompting action: Statute

Legal Deadline: 

Final rule by : 04/07/2006

Rulemaking Project Initiated: 08/10/2005

Dates for NPRM:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

08/29/2006 

 

 

To OMB

10/03/2006 

 

 

OMB Clearance

01/03/2007 

 

 

Publication Date

01/10/2007 

 

 

End of Comment Period

04/10/2007 

 

 

Explanation for any delay:

Additional coordination necessary

Federal Register Citation for NPRM: None



Federal Transit Administration

56. 

Metropolitan and Statewide Transportation Planning

Red

Popular Title: Metropolitan Planning

RIN 2132-AA82

Stage: NPRM

Previous Stage:None

Abstract: This joint rulemaking with FHWA would set standards for the annual listing of projects for which Federal funds have been obligated in the preceeding year and specify the types of data to be included in the listing, including sufficient information about each project to identify its type, location, and amounts obligated. This rulemaking is mandated by SAFETEA-LU.

Effects:

 

None

Prompting action: Statute

Legal Deadline: 

Final Rule by : 02/06/2006

Rulemaking Project Initiated: 08/10/2005

Dates for NPRM:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

01/05/2006 

 

01/05/2006 

To OMB

01/25/2006 

04/01/2006 

04/03/2006 

OMB Clearance

03/24/2006 

07/01/2006 

05/31/2006 

Publication Date

04/06/2006 

07/15/2006 

06/09/2006 

End of Comment Period

07/05/2006 

10/15/2006 

09/07/2006 

Explanation for any delay:

Awaiting development of additional data

Federal Register Citation for NPRM: 71 FR 33510



Federal Transit Administration

57. 

Protection of Parks, Wildlife and Waterfowl Refuges, and Historical Sites

Red

Popular Title: 4(f) Parks

RIN 2132-AA83

Stage: NPRM

Previous Stage:None

Abstract: This FTA/FHWA joint rulemaking would clarify the factors to be considered and the standards to be applied in determining the prudence and feasability of alternatives under section 4(f) (138 of title 23, U.S. Code, and section 303 of title 49, U.S. Code). Section 4(f) properties include certain parks, recreation areas, wildlife and waterfowl refuges, and historic sites described in section 4(f) of the Department of Transportation Act of 1966 (P.L. 89-670). Section 4(f) generally prohibits the use of such properties for transportation projects unless the Secretary of Transportation finds there is no feasible and prudent alternative and all possible planning to minimize the harm is undertaken.

Effects:

 

None

Prompting action: Statute

Legal Deadline: 

Final Rule by : 08/10/2006

Rulemaking Project Initiated: 08/10/2005

Dates for NPRM:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

11/21/2005 

 

12/28/2005 

To OMB

12/16/2005 

06/01/2006 

04/27/2006 

OMB Clearance

01/16/2006 

09/01/2006 

07/14/2006 

Publication Date

01/25/2006 

09/15/2006 

07/27/2006 

End of Comment Period

03/27/2006 

11/15/2006 

09/25/2006 

Explanation for any delay:

Additional coordination necessary

Federal Register Citation for NPRM: None



Federal Transit Administration

58. 

Public Transportation Security Grants--SAFETEA-LU

Red

Popular Title: Security Grants

RIN 2132-AA84

Stage: NPRM

Previous Stage:None

Abstract: This rulemaking would establish a security grant program for public transportation systems. The rule will address funding priorities, eligible activities, methods for awarding grants, and limitations on administrative expenses. The grant program will be funded by DHS with DOT providing technical assistance with develoing the application and eligiblity process.

Effects:

 

None

Prompting action: Statute

Legal Deadline: 

Final Rule by : 02/06/2006

Rulemaking Project Initiated: 08/10/2005

Dates for NPRM:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

11/07/2005 

01/06/2006 

12/22/2005 

To OMB

11/15/2005 

03/30/2006 

03/29/2006 

OMB Clearance

01/30/2006 

09/30/2006 

 

Publication Date

02/06/2006 

10/15/2006 

 

End of Comment Period

04/06/2006 

11/30/2006 

 

Explanation for any delay:

Additional coordination necessary

Federal Register Citation for NPRM: None



Federal Transit Administration

59. 

Charter Bus Operations

Yellow

Popular Title: Charter Bus

RIN 2132-AA85

Stage: NPRM

Previous Stage:None

Abstract: This rulemaking would implement SAFETEA-LU requirements and statements in the Conference Report for SAFETEA-LU that FTA conduct a negotiated rulemaking on: (1) potential limited conditions under which public transit agencies can provide community-based charter services directly to local governments and private non-profit agencies that would not otherwise be served in a cost-effective manner by private operators; (2) how the administration and enforcement of charter bus provisions can be better communicated to the public, including use of internet technology; (3) improvement of the enforcement of violations of the charter bus regulations; (4) improvement of the charter complaint and administrative appeals process; (5) a potential new exception for emergency services such as evacuation and training for emergencies; (6) a new process for determining if there are private charter bus companies willing and able to provide service that would utilize electronic notification and response within 72 hours; (7) a new exception for transportation of government employees, elected officials, and members of the transit industry to examine local transit operations, facilities, and public works; and (8) any other charter service issues the negotiated rulemaking committee decides to explore.

Effects:

 

Regulatory Flexibility Act
Negotiated Rulemaking

Prompting action: Statute

Legal Deadline: 

None

Rulemaking Project Initiated: 08/10/2005

Dates for NPRM:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

08/31/2006 

02/01/2007 

 

To OMB

09/29/2006 

02/28/2007 

 

OMB Clearance

12/29/2006 

05/30/2007 

 

Publication Date

01/05/2007 

06/05/2007 

 

End of Comment Period

02/28/2007 

08/05/2007 

 

Explanation for any delay:

N/A

Federal Register Citation for NPRM: None



National Highway Traffic Safety Administration


National Highway Traffic Safety Administration

60. 

Rear Convex Cross-View Mirrors

Red

Popular Title: Convex Mirrors

RIN 2127-AG41

Stage: Withdrawal

Previous Stage: NPRM: Publication Date 09/12/2005; End of Comment Period 11/14/2005.

Abstract: This rulemaking would upgrade the rearward visibility of commercial straight trucks. The agency believes that requiring a rear detection system will reduce fatalities, injuries, and property damage by giving truck operators the ability to detect objects behind the truck. Various possible counter-measures are being examined now in follow-up testing, including visual and non-visual object detection systems. A Final Rule was scheduled to be published on 11/30/2006.

Effects:

 

None

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 06/28/1996

Dates for Withdrawal:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

06/06/2006 

07/14/2006 

 

Publication Approved

06/09/2006 

08/21/2006 

 

Publication Date

06/14/2006 

08/31/2006 

 

Explanation for any delay:

Additional coordination necessary

Federal Register Citation for Withdrawal: None



National Highway Traffic Safety Administration

61. 

Roof Crush Resistance

Green

Popular Title: Roof Crush Resistance

RIN 2127-AG51

Stage: Final Rule

Previous Stage: Request for Comments: Publication Date 10/22/01; End of Comment Period 12/06/01. NPRM: Publication Date 8/23/05; End of Comment Period 11/21/05.

Abstract: Mitigation of rollover fatal and serious injuries is one of the agency's highest priorities. Rollover crashes constitute about 3% of passenger vehicle crashes, but about 1/3 of the fatalities. Since light trucks are more prone to rollover, and as their percentage of the U.S. fleet continues to increase, this crash mode continues to constitute a disproportionate segment of the Nation's highway safety problem. As part of the agency's comprehensive approach to rollover, the agency is considering whether an upgrade to the roof crush requirements is warranted. This rulemaking is significant because of public interest in vehicle safety.

Effects:

 

None

Prompting action: Statute

Legal Deadline: 

FR by : 07/01/2008

Rulemaking Project Initiated: 07/13/1996

Dates for Final Rule:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

03/30/2007 

 

 

To OMB

05/18/2007 

 

 

OMB Clearance

08/20/2007 

 

 

Publication Date

08/31/2007 

 

 

Explanation for any delay:

N/A

Federal Register Citation for Final Rule: None



National Highway Traffic Safety Administration

62. 

Upgrade Door Retention Performance

Red

Popular Title: Retention Performance

RIN 2127-AH34

Stage: Final Rule

Previous Stage: NPRM: Publication Date 12/15/2004; End of Comment Period 02/14/2005.

Abstract: As part of the agency's comprehensive approach to rollover, and to harmonize with the first global technical regulation, this rulemaking would upgrade the door retention requirements, add test requirements for sliding doors, add secondary latch requirements for doors other than hinged side doors and back doors, and provide a new test procedure for assessing inertial forces. This rulemaking would also respond to the requirements mandated in Title X, Subtitle C, Sec. 10301, section 30128 (c) (2) of the Safe, Accountable, Flexible, and Efficient Transportation Equity Act of 2005: Legacy for Users (SAFETEA-LU).

Effects:

 

None

Prompting action: Statute

Legal Deadline: 

Publish by : 02/01/2008

Rulemaking Project Initiated: 07/07/1998

Dates for Final Rule:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

08/31/2005 

02/10/2006 

02/10/2006 

Returned to Mode

 

 

06/30/2006 

Resubmitted to OST

 

07/30/2006 

07/25/2006 

To OMB

10/14/2005 

09/01/2006 

 

OMB Clearance

01/13/2006 

11/02/2006 

 

Publication Date

01/16/2006 

11/09/2006 

 

Explanation for any delay:

Additional coordination necessary

Federal Register Citation for Final Rule: None



National Highway Traffic Safety Administration

63. 

Event Data Recorders

Red

Popular Title: Event Data Recorders

RIN 2127-AI72

Stage: Final Rule

Previous Stage: Request for Comments: Publication Date 10/11/2002; End of Comment Period 01/09/2003. NPRM: Publication Date 06/14/2004; End of Comment Period 08/13/2004.

Abstract: In the past several years, there has been considerable interest from the safety community in establishing requirements for event data recorders (EDRs). The agency is considering what role NHTSA should take in implementing EDRs in motor vehicles. This rulemaking would establish requirements for EDRs in new vehicles if an EDR is in the vehicle. The requirement would include a minimum set of data to be collected and enhanced survivability in crashes. This rule is significant because of public interest.

Effects:

 

None

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 01/17/2002

Dates for Final Rule:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

03/22/2005 

06/06/2005 

06/03/2005 

To OMB

04/21/2005 

03/02/2006 

04/07/2006 

OMB Clearance

07/21/2005 

08/04/2006 

 

Publication Date

07/28/2005 

08/11/2006 

 

Explanation for any delay:

Additional coordination necessary

Federal Register Citation for Final Rule: None



National Highway Traffic Safety Administration

64. 

5th Percentile Dummy Belted Barrier Crash Test Requirements -- Standard 208

Red

Popular Title: 5th Percentile Dummy Belted Barrier

RIN 2127-AI98

Stage: Final Rule

Previous Stage: NPRM: Publication Date 08/06/03; End of Comment Period 10/05/03.

Abstract: This rulemaking would amend NHTSA's occupant protection standard, FMVSS No. 208, to improve high speed crash protection to belted occupants of small stature who may sit in the full forward seat position. Current crash test requirements for the 5th percentile adult female dummy include a 0-48 km/h belted rigid barrier crash test. The agency is considering increasing the maximum crash test speed from 48 km/h to 56 km/h to be consistent with the 50th percentile adult male requirements that will take effect according to the second phase of the FMVSS No. 208 Advanced Air Bag Final Rule (65 FR 30680).

Effects:

 

None

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 12/16/2002

Dates for Final Rule:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

08/05/2005 

08/31/2005 

08/31/2005 

To OMB

09/06/2005 

06/15/2006 

05/24/2006 

OMB Clearance

12/06/2005 

08/24/2006 

 

Publication Date

12/13/2005 

08/31/2006 

 

Explanation for any delay:

Additional coordination necessary

Federal Register Citation for Final Rule: None



National Highway Traffic Safety Administration

65. 

Side Impact Protection Upgrade - FMVSS No. 214

Red

Popular Title: Side Impact Protection Upgrade

RIN 2127-AJ10

Stage: Final Rule

Previous Stage: NPRM: Publication Date 5/17/2004; End of Comment Period 10/14/2004; Reopening of Comment Period 1/2005; End of Reopened Comment Period 4/12/2005.

Abstract: Two Federal motor vehicle safety standards (FMVSS) -- No. 201, "Occupant Protection in Interior Impact" and No. 214, "Side Impact Protection" -- specify requirements for side impact protection. At present, FMVSS No. 214 specifies a moving deformable barrier (MDB) test addressing mainly the chest injury problem. The head injury reduction is partially addressed in FMVSS No. 201. This rulemaking would require in FMVSS No. 214 a vehicle-to-pole oblique impact test to reduce the number of fatal and serious head injuries, which are not addressed in FMVSS No. 201.

Effects:

 

Economically Significant
Major
Unfunded Mandate
Regulatory Flexibility Act

Prompting action: Statute

Legal Deadline: 

Publish by : 07/01/2008

Rulemaking Project Initiated: 05/05/2003

Dates for Final Rule:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

10/13/2005 

12/02/2005 

12/02/2005 

Returned to Mode

 

 

06/30/2006 

Resubmitted to OST

 

08/31/2006 

 

To OMB

11/25/2005 

10/02/2006 

 

OMB Clearance

02/21/2006 

12/01/2006 

 

Publication Date

02/28/2006 

12/11/2006 

 

Explanation for any delay:

Additional coordination necessary

Federal Register Citation for Final Rule: None



National Highway Traffic Safety Administration

66. 

Reduced Stopping Distance Requirements for Truck Tractors

Green

Popular Title: Reduced Stopping Distance for Truck Tractors

RIN 2127-AJ37

Stage: Final Rule

Previous Stage: NPRM: Publication Date: 12/15/2005; End of Comment Period 4/14/2006.

Abstract: This rulemaking would reduce stopping distance requirements for truck tractors equipped with air brake systems. Advances in heavy vehicle braking systems show that improved stopping performance is attainable for these vehicles. Such improvements would reduce the stopping distance disparity with light vehicles, and would result in fewer deaths and injuries and reduce property damage due to fewer crashes between truck tractors and light vehicles.

Effects:

 

None

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 04/02/2004

Dates for Final Rule:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

01/12/2007 

 

 

To OMB

02/23/2007 

 

 

OMB Clearance

05/25/2007 

 

 

Publication Date

05/31/2007 

 

 

Explanation for any delay:

N/A

Federal Register Citation for Final Rule: None



National Highway Traffic Safety Administration

67. 

Electronic Stability Control (ESC)

Red

Popular Title: Electronic Stability Control SAFETEA-LU

RIN 2127-AJ77

Stage: NPRM

Previous Stage:None

Abstract: This rulemaking would establish a new Federal motor vehicle safety standard to require electronic stability control (ESC) systems on all newly-manufactured passenger cars and light trucks. The vast majority of rollovers occur in single-vehicle crashes involving loss of control. Crash data studies by NHTSA and other organizations worldwide show that ESC causes a dramatic reduction in single-vehicle crashes by assisting drivers in maintaining control in critical driving situations. NHTSA studies show a reduction in single-vehicle crashes of 35% to 67% and a reduction in single-vehicle crashes with rollover of over 70%. The requirement of ESC on cars and trucks could save thousands of lives annually.

Effects:

 

Economically Significant
Major

Prompting action: Statute

Legal Deadline: 

NPRM by : 10/01/2006
Final Rule by : 04/01/2009

Rulemaking Project Initiated: 10/20/2005

Dates for NPRM:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

02/10/2006 

 

01/23/2006 

Returned to Mode

 

 

03/10/2006 

Resubmitted to OST

 

06/05/2006 

06/07/2006 

To OMB

03/24/2006 

06/29/2006 

06/12/2006 

OMB Clearance

06/23/2006 

09/29/2006 

 

Publication Date

06/30/2006 

10/03/2006 

 

End of Comment Period

08/31/2006 

12/04/2006 

 

Explanation for any delay:

Additional coordination necessary

Federal Register Citation for NPRM: None



National Highway Traffic Safety Administration

68. 

Motorcyclist Safety Grant Program

Black

Popular Title: Motorcyclist Safety Grant Program

RIN 2127-AJ86

Stage: Final Rule

Previous Stage: NPRM: Publication Date 05/24/2006; End of Comment Period 06/23/2006. Final Rule 07/19/06, 71 FR 40891

Abstract: This rulemaking would implement regulations for the Section 2010 program. Section 2010 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), Pub. L. 109-59, authorizes the Secretary of Transportation to make grants to States that adopt and implement effective programs to reduce the number of single- and multi-vehicle crashes involving motorcyclists. OMB has agreed that this rulemaking should be classified as nonsignificant. This rulemaking will not show up on next month's report.

Effects:

 

None

Prompting action: Statute

Legal Deadline: 

None

Rulemaking Project Initiated: 01/24/2006

Dates for Final Rule:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

Publication Date

07/28/2006 

 

07/19/2006 

To OST

 

 

 

To OMB

 

 

 

OMB Clearance

 

 

 

Explanation for any delay:

N/A

Federal Register Citation for Final Rule: 71 FR 40891



Office of the Secretary


Office of the Secretary

69. 

Accessibility of Passenger Vessels to Individuals with Disabilities

Green

Popular Title: Accessibility-passenger vessels

RIN 2105-AB87

Stage: NPRM

Previous Stage: ANPRM: Publication Date 11/29/2004;End of Comment Period 03/28/2005;Publication Date for Extension of Comment Period 03/28/2005;End of Extended Comment Period 07/28/2005.

Abstract: The Department's Americans with Disabilities Act (ADA) final rule, published September 6, 1991, reserved portions of the rule concerning passenger vessels. The ADA covers passenger vessels, but issuing accessibility requirements for vessels involves complex issues unlike those affecting land transportation. This rulemaking would address these issues and propose feasible requirements to make passenger vessels accessible to, and usable by, individuals with disabilities. Timing of this rulemaking is dependent on action by the Architectural and Transportation Barriers Compliance Board (Access Board) to adopt accessibility guidelines for passenger vessels.

Effects:

 

None

Prompting action: Statute

Legal Deadline: 

None

Rulemaking Project Initiated: 07/26/1990

Dates for NPRM:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

04/15/2006 

07/30/2006 

07/17/2006 

To OMB

06/01/2006 

08/16/2006 

 

OMB Clearance

09/01/2006 

10/30/2006 

 

Publication Date

09/17/2006 

11/04/2006 

 

End of Comment Period

12/17/2006 

02/04/2007 

 

Explanation for any delay:

N/A

Federal Register Citation for NPRM: None



Office of the Secretary

70. 

Use of Oxygen by Air Carrier Passengers

Black

Popular Title: Oxygen by Air Carrier Passengers

RIN 2105-AC29

Stage: Final Rule

Previous Stage: NPRM: Publication Date 09/07/2005;End of Comment Period 11/07/2005;Extension of Comment Period 10/21/2005 ; End of Extended Comment Period 01/30/2006.

Abstract: This rulemaking would address the carriage and use of certain respiratory devices (i.e., ventilators, respirators, continuous positive airway pressure (CPAP) machines and certain portable oxygen concentrators) by passengers aboard commercial aircraft. It would also address difficulties experienced by passengers needing supplemental oxygen on airline flights, including costs associated with in-flight medical oxygen. OST originally attempted to schedule the publishing of a final rule by 9/30/2006.

Effects:

 

None

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 07/01/2004

Dates for Final Rule:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

 

 

 

To OMB

 

 

 

OMB Clearance

 

 

 

Publication Date

 

 

 

Explanation for any delay:

N/A

Federal Register Citation for Final Rule: None



Office of the Secretary

71. 

Aviation Data Requirements Review and Modernization Program

Black

Popular Title: Aviation Data

RIN 2105-AC71

Stage: Undetermined

Previous Stage: ANPRM: Publication Date 07/15/1998; End of Comment Period 09/14/1998; End of Reply Comment Period 10/13/1998. NPRM: Publication Date 02/17/2005;End of Comment Period 04/18/2005;Extension of Comment Period Publication Date 07/18/2005; End of Extended Comment Period 9/18/2005.

Abstract: This rulemaking requested public comments from reporting carriers and aviation data users on the nature, scope, source, and means for collecting, processing, and distributing airline traffic, fare, and financial data. Specifically, it invited comments on whether existing airline traffic, fare, and financial data should be amended, supplemented, or replaced; whether selected forms and reports should be retained, modified, or eliminated; whether the Department should require all aviation data to be filed electronically; and how the aviation data system should be reengineered to enhance efficiency and to reduce costs for both the Department and the airline industry.

Effects:

 

None

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 04/15/1998

Dates for Undetermined:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

 

 

 

To OMB

 

 

 

OMB Clearance

 

 

 

Publication Date

 

 

 

End of Comment Period

 

 

 

Explanation for any delay:

N/A

Federal Register Citation for Undetermined: None



Office of the Secretary

72. 

Nondiscrimination on the Basis of Disability in Air Travel

Red

Popular Title: ACAA - Foreign Carriers

RIN 2105-AC97

Stage: Final Rule

Previous Stage: NPRM: Publication Date 11/04/2004; End of Comment Period 02/02/2005; Extension of Comment Period Publication Date 01/13/2005; End of Extended Comment Period 03/04/2005.

Abstract: This rulemaking would add coverage under the Air Carrier Access Act to foreign air carriers and comprehensively update and revise 14 CFR Part 382. It would also clarify or propose new provisions in such areas as movable aisle armrests, preboarding announcements, and accessibility of carrier web sites.

Effects:

 

None

Prompting action: Statute

Legal Deadline: 

None

Rulemaking Project Initiated: 04/05/2000

Dates for Final Rule:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

05/01/2006 

09/01/2006 

 

To OMB

06/15/2006 

10/15/2006 

 

OMB Clearance

09/15/2006 

01/15/2007 

 

Publication Date

10/07/2006 

02/07/2007 

 

Explanation for any delay:

Lack of resources

Federal Register Citation for Final Rule: None



Office of the Secretary

73. 

Review of Data Filed by Certificated or Commuter Air Carriers to Support Continuing Fitness Determinations Involving Citizenship Issues

Green

Popular Title: Actual Control

RIN 2105-AD25

Stage: SNPRM

Previous Stage: ANPRM: Publication Date 7/30/2003; End of Comment Period 9/29/2003. NPRM: Publication Date 11/07/2005;End of Comment Period 01/07/2006.

Abstract: This rulemaking would clarify policies that may be used during initial and continuing fitness reviews of U.S. carriers when citizenship is at issue. It would add a new section to 14 CFR Part 399 that clarifies how the Department will interpret actual control of a U.S. air carrier during fitness reviews. It would also affect how we interpret the circumstances influencing a determination of actual control, allowing easier access to international capital markets. The rulemaking would also make minor amendments to 14 CFR Part 204 to update existing language in Part 204.

Effects:

 

None

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 02/13/2003

Dates for SNPRM:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

04/10/2006 

 

04/10/2006 

To OMB

04/26/2006 

 

04/26/2006 

OMB Clearance

04/28/2006 

 

05/01/2006 

Publication Date

05/05/2006 

 

05/05/2006 

End of Comment Period

07/05/2006 

 

07/05/2006 

Explanation for any delay:

N/A

Federal Register Citation for SNPRM: 71 FR 26425



Office of the Secretary

74. 

Accommodations in Air Travel for Deaf, Hard of Hearing and Deaf-Blind Individuals

Black

Popular Title: Deaf, Hard of Hearing

RIN 2105-AD41

Stage: Undetermined

Previous Stage: NPRM: Publication DAte 2/23/2006; End of Comment Period 4/24/2006.

Abstract: This rulemaking would expand accomodations provided to deaf, hard of hearing, and deaf-blind air travelers under the Air Carrier Access Act. The purpose of this rulemaking would be to improve access for air travelers who are deaf, hard of hearing and deaf-blind during all phases of air travel, from the airport to the flight itself. This rule would apply to certain foreign and domestic air carriers. It responds to a petition for rulemaking and was upgraded to significant on March 24, 2005.

Effects:

 

None

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 05/11/2004

Dates for Undetermined:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

 

 

 

To OMB

 

 

 

OMB Clearance

 

 

 

Publication Date

 

 

 

End of Comment Period

 

 

 

Explanation for any delay:

N/A

Federal Register Citation for Undetermined: None



Office of the Secretary

75. 

Price Advertising

Green

Popular Title: Price Advertising

RIN 2105-AD56

Stage: Withdrawal

Previous Stage: NPRM: Publication Date 12/14/2005;End of Comment Period 02/13/2006.

Abstract: This document withdraws the Notice of Proposed Rulemaking (NPRM) that sought comments on whether and, if so, how the Department should amend 14 CFR 399.84, its air transportation price-advertising rule. As a matter of enforcement policy, the Department has long allowed limited exceptions to the strict terms of the rule. The NPRM called for comments on several options: maintain the current practice with or without codifiying all of its elements in the rule; enforce the rule as written; revise the rule to eliminate most or all requirements for airfare advertisments but to specify that consumers must be told the total price before any purchase is made; eliminate the rule altogether. The Department has decided based on the comments that the public interet will best be served by maintaing the status quo.

Effects:

 

None

Prompting action: Secretarial/Head of Operating Administration Decision

Legal Deadline: 

None

Rulemaking Project Initiated: 09/13/2005

Dates for Withdrawal:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

07/31/2006 

 

07/31/2006 

Publication Approved

10/17/2006 

 

 

Publication Date

10/24/2006 

 

 

Explanation for any delay:

N/A

Federal Register Citation for Withdrawal: None



Office of the Secretary

76. 

Protection of Sensitive Security Information

Yellow

Popular Title: SSI-TSA

RIN 2105-AD59

Stage: Final Rule

Previous Stage: Interim Final Rule: Publication Date 05/18/2004; End of Comment Period 07/19/2004.

Abstract: This rulemaking would publish a Final Rule addressing the May 2004 Interim Final Rule and respond to any comments.

Effects:

 

None

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 09/02/2002

Dates for Final Rule:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

04/30/2006 

07/14/2006 

 

To OMB

07/15/2006 

09/15/2006 

 

OMB Clearance

10/15/2006 

12/15/2006 

 

Publication Date

10/31/2006 

12/30/2006 

 

Explanation for any delay:

N/A

Federal Register Citation for Final Rule: None



Pipeline and Hazardous Materials Safety Administration


Pipeline and Hazardous Materials Safety Administration

77. 

Hazardous Materials: Transportation of Oxygen Cylinders and Oxygen Generators Aboard Aircraft

Red

Popular Title: Oxygen Cylinders and Generators

RIN 2137-AD33

Stage: Final Rule

Previous Stage: NPRM: Publication Date 05/06/2004; End of Comment Period 08/13/2004; End of Extended Comment Period 12/31/2004.

Abstract: This rulemaking would require oxygen cylinders and oxygen generators, when transported aboard aircraft, to be packed in an outer packaging that meets prescribed thermal and heat resistance requirements. These requirements would increase the level of safety associated with transportation of oxidizing gases by air. This rule has no impact on the use of passenger-owned oxygen cylinders. This rule is significant due to public interest.

Effects:

 

None

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 03/01/2000

Dates for Final Rule:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

03/06/2006 

09/18/2006 

 

To OMB

04/07/2006 

10/23/2006 

 

OMB Clearance

07/06/2006 

01/22/2007 

 

Publication Date

07/13/2006 

01/29/2007 

 

Explanation for any delay:

Additional coordination necessary

Federal Register Citation for Final Rule: None



Pipeline and Hazardous Materials Safety Administration

78. 

Hazardous Materials: Safety Requirements for External Product Piping on Cargo Tanks Transporting Flammable Liquids

Green

Popular Title: Wetlines Rule

RIN 2137-AD36

Stage: Withdrawal

Previous Stage: ANPRM: Publication Date 02/10/2003; End of Comment Period 06/10/2003. NPRM: Publication Date 12/30/2004; End of Comment Period 03/01/2005; Extension of Comment Period 02/10/2005; End of Extended Comment Period 04/28/2005.

Abstract: This rulemaking would have addressed the risks associated with the retention of flammable liquid in unprotected product piping on a cargo tank motor vehicle during transportation (wetlines). However, the costs associated with regulatory action outweigh the benefits that would be associated with such action. PHMSA is withdrawing the notice of proposed rulemaking and closing the docket pending development of more definitive data to support rulemaking or alternative technologies or strategies to address the problem.

Effects:

 

EIS

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 01/19/2000

Dates for Withdrawal:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

08/04/2006 

06/02/2006 

05/17/2006 

Publication Approved

09/01/2006 

06/30/2006 

05/30/2006 

Publication Date

09/08/2006 

07/07/2006 

06/07/2006 

Explanation for any delay:

N/A

Federal Register Citation for Withdrawal: 71 FR 32909



Pipeline and Hazardous Materials Safety Administration

79. 

Hazardous Materials; Transportation of Lithium Batteries

Red

Popular Title: Lithium Batteries

RIN 2137-AD48

Stage: Final Rule

Previous Stage: NPRM: Publication Date 4/02/2002; End of Comment Period 6/02/2002.

Abstract: This rulemaking would revise requirements applicable to lithium batteries for consistency with international requirements. This rulemaking also responds to NTSB recommendations. After reviewing comments received, PHMSA prepared and published for public comment an Initial Regulatory Flexibility Analysis (IRFA) in order to determine the impact of its proposal on small entities.

Effects:

 

Regulatory Flexibility Act

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 04/02/2002

Dates for Final Rule:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

03/05/2003 

03/05/2003 

03/05/2003 

To OMB

04/09/2003 

06/09/2003 

06/06/2003 

Returned by OMB

 

 

08/22/2003 

Resubmitted to OST

 

08/18/2006 

 

Resubmitted to OMB/2

 

09/22/2006 

 

OMB Clearance

07/09/2003 

12/21/2006 

 

Publication Date

07/16/2003 

12/29/2006 

 

Explanation for any delay:

Additional coordination necessary

Federal Register Citation for Final Rule: None



Pipeline and Hazardous Materials Safety Administration

80. 

Pipeline Safety: Protecting High Consequence Areas From Rural Petroleum Gathering Lines and Low Stress Lines

Green

Popular Title: Petroleum Gathering Lines and Low Stress Lines

RIN 2137-AD98

Stage: NPRM

Previous Stage:None

Abstract: This Rulemaking would establish limited safety rules for certain rural petroleum gathering lines that could affect high consequence areas, including populated areas, navigable waterways, and areas unusually sensitive to pipeline spills. Because rural petroleum gathering lines and low stress lines are now exempt from all pipeline safety rules, except in Gulf of Mexico inlets, the rulemaking would improve public confidence in the safety of these pipelines.

Effects:

 

None

Prompting action: Statute

Legal Deadline: 

None

Rulemaking Project Initiated: 02/04/2004

Dates for NPRM:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

07/20/2006 

08/08/2006 

 

To OMB

08/23/2006 

09/12/2006 

 

OMB Clearance

11/23/2006 

12/12/2006 

 

Publication Date

11/30/2006 

12/19/2006 

 

End of Comment Period

01/31/2007 

02/20/2007 

 

Explanation for any delay:

N/A

Federal Register Citation for NPRM: None



Pipeline and Hazardous Materials Safety Administration

81. 

Hazardous Materials: Enhancing Rail Transportation Safety and Security for Hazardous Materials Shipments

Red

Popular Title: Rail routing rule

RIN 2137-AE02

Stage: NPRM

Previous Stage: Request for Comments: Publication Date 08/16/04; End of Comment Period 10/18/04.

Abstract: The Pipeline and Hazardous Materials Safety Administration (PHMSA), in consultation with the Federal Railroad Administration (FRA) would revise the current requirements in the Hazardous Materials Regulations applicable to the safe and secure transportation of hazardous materials transported in commerce by rail. Specifically, we would require rail carriers to compile annual data on certain shipments of hazardous materials, use the data to analyze safety and security risks along rail transportation routes where those materials are transported, assess alternative routing options, and make routing decisions based on those assessments. We would also clarify the current security plan requirements to address en route storage and delays in transit.

Effects:

 

Regulatory Flexibility Act
Information Collection

Prompting action: Secretarial/Head of Operating Administration Decision

Legal Deadline: 

None

Rulemaking Project Initiated: 05/01/2004

Dates for NPRM:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

02/03/2006 

 

01/19/2006 

Returned to Mode

 

 

02/02/2006 

Resubmitted to OST

 

04/14/2006 

04/10/2006 

To OMB

03/08/2006 

08/14/2006 

 

OMB Clearance

05/08/2006 

11/16/2006 

 

Publication Date

05/16/2006 

11/30/2006 

 

End of Comment Period

07/24/2006 

01/29/2007 

 

Explanation for any delay:

Additional coordination necessary

Federal Register Citation for NPRM: None



Pipeline and Hazardous Materials Safety Administration

82. 

Prohibition on the Transportation of Primary Lithium Batteries Aboard Passenger Aircraft

Red

Popular Title: Primary Lithium Battery Ban

RIN 2137-AE05

Stage: SNPRM

Previous Stage: Interim Final Rule: Publication Date 12/15/2004; End of Comment Period 02/15/2005.

Abstract: This rulemaking would prohibit the offering for transportation and transportation of primary lithium batteries and cells as cargo aboard passenger-carrying aircraft. The rule would apply to both foreign and domestic passenger-carrying aircraft entering, leaving, or operating in the United States. In addition, the rule would amend the Hazardous Materials Regulations to require that, when offered for transport in other modes, shipments of primary lithium batteries and cells must be marked to indicate that they are forbidden from transport aboard passenger-carrying aircraft. PHMSA had scheduled a final rule for 7/13/2006.

Effects:

 

None

Prompting action: Secretarial/Head of Operating Administration Decision

Legal Deadline: 

None

Rulemaking Project Initiated: 10/01/2004

Dates for SNPRM:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

08/23/2006 

 

 

To OMB

09/27/2006 

 

 

OMB Clearance

12/26/2006 

 

 

Publication Date

01/03/2007 

 

 

End of Comment Period

02/02/2007 

 

 

Explanation for any delay:

Unanticipated issues requiring further analysis

Federal Register Citation for SNPRM: None



Pipeline and Hazardous Materials Safety Administration

83. 

Hazardous Materials: Requirements for Storage of Explosives During Transportation

Black

Popular Title: Storage of Explosives

RIN 2137-AE06

Stage: Undetermined

Previous Stage: ANPRM: Publication Date 11/16/2005;End of Comment Period 02/14/2006.

Abstract: This rulemaking would address the current safety and security risks associated with the storage of explosives during transportation.

Effects:

 

None

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 01/01/2005

Dates for Undetermined:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

 

 

 

To OMB

 

 

 

OMB Clearance

 

 

 

Publication Date

 

 

 

Explanation for any delay:

N/A

Federal Register Citation for Undetermined: None



Pipeline and Hazardous Materials Safety Administration

84. 

Hazardous Materials: Enforcement Regulations

Red

Popular Title: Package Inspection Authority

RIN 2137-AE13

Stage: NPRM

Previous Stage: None

Abstract: Pursuant to a mandate in SAFETEA-LU (section 7118 of P.L. 109-59), this rulemaking would establish procedural regulations to implement authority provided to DOT to open packages believed to contain hazardous materials, remove such packages from transportation, gather information, order the package transported to a facility for examination and analysis, obtain assistance from qualified persons, and issue emergency restrictions, prohibitions, recalls, or out-of-service orders to abate an imminent hazard.

Effects:

 

None

Prompting action: Statute

Legal Deadline: 

Temporary Rule : 10/11/2005
Final Rule : 08/10/2006

Rulemaking Project Initiated: 08/10/2005

Dates for NPRM:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

06/06/2006 

09/22/2006 

 

To OMB

07/11/2006 

10/27/2006 

 

OMB Clearance

10/11/2006 

01/25/2007 

 

Publication Date

10/18/2006 

02/01/2007 

 

End of Comment Period

12/19/2006 

04/03/2007 

 

Explanation for any delay:

Additional coordination necessary

Federal Register Citation for NPRM: None