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Report on DOT Significant Rulemakings

Table of Contents
Office of the Secretary

64. Accessibility of Passenger Vessels to Individuals with Disabilities

65. Fees and Charges for Special Services

66. Aviation Data Requirements Review and Modernization Program

67. Nondiscrimination on the Basis of Disability in Air Travel

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

69. Petition of the National Air Carrier Association for Rulemaking

70. Navigation of Foreign Civil Aircraft within the United States (14 CFR Part 375)

71. Accomodations in Air Travel for Deaf and Hard of Hearing Individuals

72. Display of Joint Operations in Carrier-Owned Computer Reservations Systems Regulations (Part 256)

Office of the Secretary

Office of the Secretary
64. 
Accessibility of Passenger Vessels to Individuals with Disabilities Red
Popular Title: Accessibility-passenger vessels
RIN 2105-AB87
Stage: ANPRM
Previous Stage:None
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 ANPRM:
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 07/30/2004    08/12/2004 
To OMB 08/30/2004  09/13/2004  09/14/2004 
OMB Clearance 09/13/2004  11/01/2004  10/29/2004 
Publication Date 09/22/2004  11/08/2004  11/29/2004 
End of Comment Period 12/21/2004  01/08/2005  03/28/2005 
Publication Date for Extension of Comment Period     03/28/2005 
End of Extended Comment Period     07/28/2005 
Explanation for any delay: Unanticipated issues requiring further analysis
Federal Register Citation for ANPRM: 69 FR 69245


Office of the Secretary
65. 
Fees and Charges for Special Services Red
Popular Title: Fees for Special Services
RIN 2105-AC47
Stage: Final Rule
Previous Stage: NPRM: Publication Date 01/21/1999; End of Comment Period 03/02/1999.
Abstract: This rulemaking revises 14 CFR Part 389 to bring the fees we charge to beneficiaries of certain economic, aviation-related licensing services in line with the costs incurred to provide those services. It also removes or updates obsolete provisions and organizational references included in the existing regulations. This rulemaking was recently upgraded to significant.
Effects:
  None
Prompting action: None
Legal Deadline:  None
Rulemaking Project Initiated: 09/02/1998
Dates for Final Rule:
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 09/24/2004    09/23/2004 
Returned to Mode     11/17/2004 
Resubmitted to OST     12/07/2004 
To OMB 01/31/2005    02/03/2005 
OMB Clearance 04/27/2005  05/03/2005  05/06/2005 
Publication Date 04/30/2005  05/10/2005   
Explanation for any delay: Additional coordination necessary
Federal Register Citation for Final Rule: None


Office of the Secretary
66. 
Aviation Data Requirements Review and Modernization Program Red
Popular Title: Aviation Data
RIN 2105-AC71
Stage: NPRM
Previous Stage: ANPRM: Publication Date 07/15/1998; End of Comment Period 09/14/1998; End of Reply Comment Period 10/13/1998.
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 NPRM:
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 01/30/2004  05/31/2004  05/31/2004 
Returned to Mode     06/15/2004 
Resubmitted to OST   07/12/2004  07/26/2004 
To OMB 03/04/2004  09/07/2004  09/29/2004 
OMB Clearance 06/04/2004  12/07/2004  12/30/2004 
Publication Date 06/12/2004  02/15/2005  02/17/2005 
End of Comment Period 08/12/2004  04/15/2005  04/18/2005 
Explanation for any delay: Unanticipated impacts requiring further analysis
Federal Register Citation for NPRM: 70 FR 8140


Office of the Secretary
67. 
Nondiscrimination on the Basis of Disability in Air Travel Red
Popular Title: ACAA - Foreign Carriers
RIN 2105-AC97
Stage: NPRM
Previous Stage:None
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. This rulemaking has been upgraded to significant.
Effects:
  None
Prompting action: Statute
Legal Deadline:  None
Rulemaking Project Initiated: 04/05/2000
Dates for NPRM:
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 04/26/2004    04/26/2004 
To OMB 06/15/2004  06/25/2004  06/28/2004 
OMB Clearance 09/15/2004  09/28/2004  09/24/2004 
Publication Date 09/22/2004  10/29/2004  11/04/2004 
End of Comment Period 11/22/2004  12/29/2005  02/02/2005 
Explanation for any delay: Additional coordination necessary
Federal Register Citation for NPRM: 69 FR 64363


Office of the Secretary
68. 
Review of Data Filed by Certificated or Commuter Air Carriers to Support Continuing Fitness Determinations Involving Citizenship Issues Red
Popular Title: Fitness
RIN 2105-AD25
Stage: NPRM
Previous Stage: ANPRM: Publication Date 7/30/03; End of Comment Period 9/29/03.
Abstract: This rulemaking would clarify and codify procedures that may be used during continuing fitness reviews of U.S. carriers when citizenship is at issue. It would add a new paragraph to 14 CFR 204.5 that explains that if, the Department determines that more public procedures are needed during the course of a continuing fitness review to resolve issues relating to the carrier's citizenship, it will be done on a case-by-case basis; it would also provide examples of what these procedures may be.
Effects:
  None
Prompting action: None
Legal Deadline:  None
Rulemaking Project Initiated: 02/13/2003
Dates for NPRM:
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 01/18/2005    11/18/2004 
To OMB 02/18/2005    02/09/2005 
Withdrawn from OMB     06/14/2005 
OMB Clearance 05/18/2005  06/18/2005   
Publication Date 05/25/2005  06/25/2005   
End of Comment Period 07/25/2005  08/25/2005   
Explanation for any delay: Additional coordination necessary
Federal Register Citation for NPRM: None


Office of the Secretary
69. 
Petition of the National Air Carrier Association for Rulemaking Red
Popular Title: NACA Petition for Rulemaking
RIN 2105-AD38
Stage: NPRM
Previous Stage:None
Abstract: The Department seeks comment on a proposal to revise its rules on charter operations. This proposal arises from a petition filed by the National Air Carrier Association (NACA). NACA seeks to make changes to the definitions and standards the Department uses to determine whether to grant or deny foreign air carrier requests to conduct certain types of international charter flights in 14 CFR Part 212. The Department grants NACA's petition, and proposes to make some, but not all of the changes sought by NACA. The Department proposes to make revisions to definitions in Part 212 relating to charter types, and to modify the Department's current charter application form so as to require updated reciprocity information as well as numbers of U.S.-homeland services vs. U.S.-non-homeland services. The Department does not anticipate adopting NACA's requests to impose a reciprocity standard that ensures substantially equivalent opportunities for U.S. carriers in the homeland of the applicant, or to accord U.S. carriers a right of first refusal over foreign carrier requests to conduct certain U.S.-originating charter operations. At the request of OMB, this rulemaking has been reclassified as significant.
Effects:
  None
Prompting action: None
Legal Deadline:  None
Rulemaking Project Initiated: 03/21/2002
Dates for NPRM:
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 04/19/2004    04/19/2004 
Returned to Mode     05/03/2004 
Resubmitted to OST     06/21/2004 
Returned to Mode/2     07/02/2004 
Resubmitted to OST/3     08/12/2004 
To OMB 07/26/2004    09/14/2004 
OMB Clearance 10/26/2004  12/14/2004  12/14/2004 
Publication Date 11/02/2004  12/30/2004  01/21/2005 
End of Comment Period 01/03/2005  03/02/2005  03/22/2005 
Explanation for any delay: Unanticipated impacts requiring further analysis
Federal Register Citation for NPRM: 70 FR 3158


Office of the Secretary
70. 
Navigation of Foreign Civil Aircraft within the United States (14 CFR Part 375) Red
Popular Title: Foreign Civil Aircraft
RIN 2105-AD39
Stage: NPRM
Previous Stage:None
Abstract: Part 375 of the Department's regulations, 14 CFR Part 375 provides for the operation in the United States of foreign civil aircraft that are not engaged in common carriage. Persons or entities seeking to operate foreign civil aircraft within the United States involving the carriage of persons, property and mail for remuneration or hire must obtain a foreign aircraft permit from the Department under that Part. On May 16, 2003, the National Business Aircraft Association (NBAA), a trade association that represents many business aircraft operators throughout the United States, wrote to the Department requesting a policy determination that certain types of operations that its representative companies might perform using U.S.-registered foreign civil aircraft (such as carriage of a company's own officials and guests, or aircraft time-sharing, interchange or joint ownership arrangements between companies) do not, in fact, constitute operations for remuneration or hire within the meaning of Part 375. The NBAA noted that a favorable response would eliminate the need for the companies involved to secure a permit for such operations. This rulemaking would amend 14 CFR Part 375 to clarify those circumstances under which companies operating U.S.-registered foreign civil aircraft are not deemed to be involved in air commerce for remuneration or hire and, therefore, are not required under Part 375 to obtain a foreign aircraft permit. At the request of OMB, this rulemaking has been reclassified as significant.
Effects:
  None
Prompting action: None
Legal Deadline:  None
Rulemaking Project Initiated: 05/16/2003
Dates for NPRM:
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 03/22/2004    03/29/2004 
Returned to Mode     06/15/2004 
Resubmitted to OST   07/02/2004  06/30/2004 
To OMB 05/26/2004  07/30/2004  07/21/2004 
OMB Clearance 08/26/2004  11/01/2004  11/12/2004 
Publication Date 09/09/2004  02/15/2005  02/07/2005 
End of Comment Period 11/10/2004  04/15/2005  04/08/2005 
Explanation for any delay: Additional coordination necessary
Federal Register Citation for NPRM: 70 FR 6382


Office of the Secretary
71. 
Accomodations in Air Travel for Deaf and Hard of Hearing Individuals Yellow
Popular Title: Deaf, Hard of Hearing, and Deaf-Blind (DHHB)
RIN 2105-AD41
Stage: NPRM
Previous Stage:None
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.
Effects:
  None
Prompting action: None
Legal Deadline:  None
Rulemaking Project Initiated: 05/11/2004
Dates for NPRM:
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 03/01/2005    03/15/2005 
To OMB 04/29/2005  06/29/2005   
OMB Clearance 07/29/2005  09/29/2005   
Publication Date 08/07/2005  10/07/2005   
End of Comment Period   12/07/2005   
Explanation for any delay: Additional coordination necessary
Federal Register Citation for NPRM: None


Office of the Secretary
72. 
Display of Joint Operations in Carrier-Owned Computer Reservations Systems Regulations (Part 256) Green
Popular Title: Huey Rule
RIN 2105-AD44
Stage: Final Rule
Previous Stage: None
Abstract: This rulemaking would terminate rules prohibiting airlines that own, control, or operate a computer reservations system from denying access to the system to two or more airlines whose flights share a single designator code and from discriminating against any airline because the airline uses the same designator code as another airline. This action would be consistent with the Department's determination that its comprehensive rules governing the operation of airline computer reservations systems should be terminated (see 69 Fed. Reg. 976 (January 7, 2004)).
Effects:
  None
Prompting action: None
Legal Deadline:  None
Rulemaking Project Initiated: 01/31/2004
Dates for Final Rule:
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 06/22/2005    06/14/2005 
To OMB 07/22/2005     
OMB Clearance 10/21/2005     
Publication Date 11/04/2005     
Explanation for any delay: N/A
Federal Register Citation for Final Rule: None