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Report on DOT Significant Rulemakings

Table of Contents

Federal Aviation Administration

1. Retrofit of Improved Seats in Air Carrier Transport Category Airplanes

2. Drug Enforcement Assistance

3. National Air Tour Safety Standards

4. Flight Crewmember Duty Limitations and Rest Requirements

5. False and Misleading Statements Regarding Aircraft Parts

6. Licensing and Safety Requirements for Launch

7. Child Restraint Systems

8. Training in the Recognition of Hazardous Material

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

10. Flight Simulation Device Qualification

11. Transponder Continuous Operation

12. Ineligibility for an Airman Certificate Based on Security Grounds

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

14. Stage 4 Aircraft Noise Standards

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

16. Aging Aircraft Program (Widespread Fatigue Damage)

17. Flightdeck Door Monitoring and Crew Discreet Alerting System

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

19. Fuel Tank Safety Compliance Extension (Final Rule) and Aging Airplane Program Update (Notice)

20. Transport Airplane Fuel Tank Flammability Reduction

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

22. Aging Aircraft Safety--Development of TC and STC Holder Data

23. Drug Enforcement Assistance

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

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

26. Experimental Permit for Suborbital Reusable Launch Vehicles

27. Commercial Human Space Flight Regulations Pertaining to Crew & Space Flight Participants

Federal Highway Administration

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

Federal Motor Carrier Safety Administration

29. Commercial Learner Permits

30. Qualification of Drivers; Field of Vision

31. Medical Qualification Requirements as Part of the CDL Process

32. Railroad-Highway Grade Crossing Safety

33. Unified Registration System

34. Transportation of Household Goods; Consumer Protection Regulations

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

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

37. New Entrant Safety Assurance Process

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

39. Certification of Compliance with Federal Motor Vehicle Safety Standards (FMVSS)

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

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

42. Hours of Service of Drivers; Supporting Documents

43. Enforcement of Operating Authority Requirements

44. Qualifications of Motor Carriers To Self-Insure Their Operations and Fees To Support the Approval and Compliance Process; Withdrawal

45. Brokers of Household Goods Transportation by Motor Vehicle

46. Inspection, Repair and Maintenance of Intermodal Container Chassis

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

48. Hours of Service of Drivers

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

Federal Railroad Administration

50. Locomotive Crashworthiness

51. Occupational Noise Exposure for Railroad Operating Employees

Maritime Administration

52. Maritime Security Program

National Highway Traffic Safety Administration

53. Rear Convex Cross-View Mirrors

54. Roof Crush Resistance

55. Upgrade Door Retention Performance

56. Frontal Offset Protection

57. Event Data Recorders

58. 5th Percentile Dummy Belted Barrier Crash Test Requirements -- Standard 208

59. Side Impact Protection Upgrade - FMVSS No. 214

60. Reforming the Automobile Fuel Economy Standards Program

61. Reduced Stopping Distance Requirements for Truck Tractors

62. Light Truck Average Fuel Economy Standards, Model Year 2008 and possibly beyond

63. Tire Safety

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)

Pipeline and Hazardous Materials Safety Administration

73. Gas Gathering Line Definition

74. Safeguarding Food from Contamination During Transportation

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

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

77. Hazardous Materials; Transportation of Lithium Batteries

78. Hazardous Materials: Requirements for Lighters and Lighter Refills

79. Hazardous Materials: Infectious Substances; Harmonization with the United Nations

80. Hazardous Materials: Enhancing Rail Transportation Security of Toxic by Inhalation Materials

81. Definition of "Offer a Hazardous Material for Transportation" and "Offeror"

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

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



Federal Aviation Administration

Federal Aviation Administration
1. 
Retrofit of Improved Seats in Air Carrier Transport Category Airplanes Red
Popular Title: Retrofit of Improved Seats
RIN 2120-AC84
Stage: Final Rule
Previous Stage: NPRM: Publication Date 05/17/1988; End of Comment Period 10/14/1988; Reopening of Comment Period 10/30/1998; End of Reopened Comment Period 01/09/1999. SNPRM: Publication Date 10/04/2002; End of Comment Period 12/03/2002; Extension of Comment Period 12/03/2002; End of Extended Comment Period 03/03/2003.
Abstract: This action would require that all seats of transport category airplanes used in air carrier operations and in scheduled intrastate service comply with improved crashworthiness standards. The Airport and Airways Safety and Capacity Expansion Act of 1987 directs the Secretary of Transportation to initiate a rulemaking proceeding to consider requiring all seats on board all air carrier aircraft to meet improved crashworthiness standards based upon the best available testing standards. The intended effect of this action is to increase passenger protection and survivability in survivable impact accidents. This rulemaking is considered significant because of its safety implications and statutory requirements.
Effects:
  Regulatory Flexibility Act
Prompting action: Statute
Legal Deadline:  NPRM : 04/28/1988
Rulemaking Project Initiated: 12/30/1987
Dates for Final Rule:
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 06/25/2004  12/15/2004  12/07/2004 
Returned to Mode     02/04/2005 
Resubmitted to OST     02/07/2005 
To OMB 07/26/2004  06/15/2005  06/10/2005 
OMB Clearance 10/26/2004  09/15/2005   
Publication Date 11/09/2004  09/29/2005   
Explanation for any delay: Additional coordination necessary
Unanticipated impacts requiring further analysis
Federal Register Citation for Final Rule: None


Federal Aviation Administration
2. 
Drug Enforcement Assistance Red
Popular Title: Drug Enforcement Assistance
RIN 2120-AD16
Stage: Withdrawal
Previous Stage: NPRM: Publication Date 03/12/1990; End of Comment Period 05/11/1990.
Abstract: The FAA is withdrawing an NPRM to revise certain requirements concerning registration of aircraft, certification of pilots, and penalites for registration and certification violations. We are withdrawing the document because the relief that the NPRM would have provided has been achieved by other means or is addressed in an NPRM described elsewhere in the regulatory agenda (RIN 2120-AI43). FAA anticipates publishing this withdrawal and the new NPRM in the Federal Register after completing consideration of how to address recently enacted picture identification provisions.
Effects:
  None
Prompting action: Statute
Legal Deadline:  Final Rule : 09/18/1989
Rulemaking Project Initiated: 11/18/1988
Dates for Withdrawal:
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 09/30/2004    08/25/2004 
Publication Approved 10/25/2004  11/15/2004  11/15/2004 
Publication Date 10/29/2004  03/15/2005   
Explanation for any delay: Other, higher priorities
Unanticipated issues requiring further analysis
Federal Register Citation for Withdrawal: None


Federal Aviation Administration
3. 
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  02/27/2006   
To OMB 06/26/2005  04/01/2006   
OMB Clearance 09/26/2005  06/23/2006   
Publication Date 10/10/2005  06/30/2006   
Explanation for any delay: Unanticipated impacts requiring further analysis
Federal Register Citation for Final Rule: None


Federal Aviation Administration
4. 
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
5. 
False and Misleading Statements Regarding Aircraft Parts Red
Popular Title: False Statements Plane Parts
RIN 2120-AG08
Stage: Final Rule
Previous Stage: NPRM: Publication Date 05/05/2003; End of Comment Period 08/04/2003.
Abstract: This rulemaking would prohibit certain false or misleading statements regarding civil aircraft, airframes, aircraft engines, propellers, appliances, component parts, and materials, including standard parts that are used, or may be used, on civil aircraft. It would also permit increased inspection by the FAA of records regarding the quality of aircraft parts. The additional requirements are needed to help prevent persons from representing parts as suitable for use on civil aircraft when in fact they may not be. The rulemaking is intended to provide assurance that aircraft owners and operators, and persons who maintain aircraft, have truthful information on which to determine whether a part may be used in a given civil aircraft application. This action is significant because of substantial public interest.
Effects:
  None
Prompting action: None
Legal Deadline:  None
Rulemaking Project Initiated: 08/22/1994
Dates for Final Rule:
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 07/27/2004  01/21/2005  02/10/2005 
To OMB 08/24/2004  06/15/2005  06/10/2005 
OMB Clearance 11/24/2004  08/15/2005   
Publication Date 12/10/2004  09/03/2005   
Explanation for any delay: Unanticipated impacts requiring further analysis
Federal Register Citation for Final Rule: None


Federal Aviation Administration
6. 
Licensing and Safety Requirements for Launch Red
Popular Title: Licensing Space Launches
RIN 2120-AG37
Stage: SNPRM/2
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.
Effects:
  None
Prompting action: None
Legal Deadline:  None
Rulemaking Project Initiated: 01/17/1999
Dates for SNPRM/2:
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 05/21/2003  07/02/2004  07/19/2004 
Returned to Mode     11/16/2004 
Resubmitted to OST   06/07/2005   
To OMB 06/20/2003  07/01/2005   
OMB Clearance 09/19/2003  10/03/2005   
Publication Date 09/26/2003  10/21/2005   
End of Comment Period 12/26/2003  12/21/2005   
Explanation for any delay: Awaiting development of additional data
Unanticipated issues requiring further analysis
Federal Register Citation for SNPRM/2: None


Federal Aviation Administration
7. 
Child Restraint Systems Black
Popular Title: Child Restraints
RIN 2120-AG43
Stage: Undetermined
Previous Stage: ANPRM: Publication Date 02/18/1998; End of Comment Period 6/18/1998.
Abstract: This rulemaking would consider the use of child restraint systems in aircraft during all phases of flight (i.e., taxi, takeoff, landing, or any other time the seat belt sign is illuminated). Specifically, the agency would consider information about existing child restraint systems, the development of new and improved child restraint systems, and the ease with which existing or new child restraint systems can be used. The Department is currently considering and coordinating options for appropriate action.
Effects:
  None
Prompting action: None
Legal Deadline:  None
Rulemaking Project Initiated: 10/29/1997
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
8. 
Training in the Recognition of Hazardous Material Red
Popular Title: Hazmat Training Requirements
RIN 2120-AG75
Stage: Final Rule
Previous Stage: NPRM: Publication Date 05/08/2003; End of Comment Period 07/07/2003; Extension of Comment Period 07/07/2003; End of Extended Comment Period 09/05/2003.
Abstract: This rulemaking would amend the FAA's hazardous materials (hazmat) training requirements for air carriers and commercial operators certificated to operate under part 121 or part 135. In addition, the rulemaking would propose that repair stations certificated under part 145 document for the FAA that persons handling hazmat for transportation have been trained as required by the Department of Transportation's Hazardous Materials Regulations (HMRs). The FAA is updating its regulations to ensure uniform compliance with training requirements, because hazmat transport and the aviation industry have changed significantly since the FAA promulgated its current hazmat training standards .
Effects:
  None
Prompting action: None
Legal Deadline:  None
Rulemaking Project Initiated: 02/18/1999
Dates for Final Rule:
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 11/12/2004  12/29/2004  12/30/2004 
Returned To OST     01/28/2005 
Returned to Mode     02/23/2005 
Resubmitted to OST/2     03/04/2005 
To OMB 12/10/2004  07/08/2005  06/22/2005 
OMB Clearance 03/10/2005  10/07/2005   
Publication Date 03/24/2005  10/21/2005   
Explanation for any delay: Additional coordination necessary
Federal Register Citation for Final Rule: None


Federal Aviation Administration
9. 
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.
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     
To OMB 08/25/2005     
OMB Clearance 11/28/2005     
Publication Date 12/15/2005     
End of Comment Period 02/13/2006     
Explanation for any delay: Unanticipated issues requiring further analysis
Federal Register Citation for SNPRM: None


Federal Aviation Administration
10. 
Flight Simulation Device Qualification Red
Popular Title: Simulator Qualification (Part 60)
RIN 2120-AH07
Stage: Final Rule
Previous Stage: NPRM: Publication Date 09/25/2002; End of Comment Period 12/24/2002; Extension of Comment Period 11/15/2002; End of Extended Comment Period 02/24/2003.
Abstract: This rulemaking would amend the FAA regulations to establish a new part to set forth qualification requirements for flight simulator training devices (FSTD). The new part would consolidate and update flight simulation training device requirements that currently exist in different parts of the FAA's regulations and in advisory circulars. In addition, the FAA would require that sponsors of FSTD's have a Quality Management Program. The purpose of the new part is to ensure that users of flight simulation training devices receive training in devices that closely match the performance and handling characteristics of the aircraft being simulated. To resolve comments and provide a forum for the FAA and the aviation community to discuss and resolve issues about FSTD's, the FAA set up the Aviation Rulemaking Committee (ARC) on July 2, 2003. The ARC's first task was to review the FAA's September 25, 2002, proposed rule. On November 24, 2003, the overwhelming majority of the FSD ARC members recommended the Part 60 rulemaking effort move forward with the changes recommended by the ARC. The FAA has changed the standards in the final rule so they are more in line with International Civil Aviation Organization and Joint Airworthiness Authorities standards. However, because of scope issues from what FAA proposed in the NPRM, it was not able to achieve the desired level of harmonization. The FAA also tasked the ARC to work on the first revision of the Qualification Performance Standards appendices to achieve the desired level of harmonization.
Effects:
  None
Prompting action: None
Legal Deadline:  None
Rulemaking Project Initiated: 04/01/1998
Dates for Final Rule:
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 08/23/2004  08/26/2005   
To OMB 09/23/2004  09/24/2005   
OMB Clearance 12/23/2004  12/27/2005   
Publication Date 12/30/2004  01/10/2006   
Explanation for any delay: Additional coordination necessary
Federal Register Citation for Final Rule: None


Federal Aviation Administration
11. 
Transponder Continuous Operation Red
Popular Title: Transponder Continuous Operation
RIN 2120-AH67
Stage: Withdrawal
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.
Effects:
  None
Prompting action: Secretarial/Head of Operating Administration Decision
Legal Deadline:  None
Rulemaking Project Initiated: 10/01/2001
Dates for Withdrawal:
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 08/08/2003    10/10/2003 
Returned to Mode     10/18/2003 
Resubmitted to OST     02/01/2004 
Returned to Mode/2     02/17/2004 
Resubmitted to OST/3     02/19/2004 
Returned to Mode/3     04/08/2004 
Publication Approved 09/03/2003  11/23/2005   
Publication Date 10/14/2003  12/01/2005   
Explanation for any delay: Additional coordination necessary
Unanticipated issues requiring further analysis
Federal Register Citation for Withdrawal: None


Federal Aviation Administration
12. 
Ineligibility for an Airman Certificate Based on Security Grounds Red
Popular Title: Cert. Revocation for Security
RIN 2120-AH84
Stage: Disposition of Comments
Previous Stage: Final Rule with Request for Comments: Publication Date 01/24/2003; End of Comment Period 03/25/2003.
Abstract: This action provides the authority to revoke a pilot certificate or deny an application for a pilot certificate based on a written determination by the Transportation Security Administration that an individual poses a security risk related to aviation. This final rule addresses the security concerns of who should hold a pilot certificate issued by the FAA and is necessary to enhance security in air transportation. This rulemaking is significant because of substantial public interest.
Effects:
  None
Prompting action: None
Legal Deadline:  None
Rulemaking Project Initiated: 09/11/2001
Dates for Disposition of Comments:
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 08/30/2004    08/16/2004 
Publication Approved 11/30/2004  04/18/2005  03/29/2005 
Publication Date 12/07/2004  05/17/2005  05/16/2005 
Explanation for any delay: Unanticipated issues requiring further analysis
Federal Register Citation for Disposition of Comments: 70 FR 25761


Federal Aviation Administration
13. 
Revisions to Cockpit Voice Recorder and Digital Flight Data Recorder Regulations Red
Popular Title: Cockpit Voice Recorder
RIN 2120-AH88
Stage: NPRM
Previous Stage:None
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 NPRM:
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 12/03/1999    08/28/2002 
Returned to Mode     09/05/2002 
Resubmitted to OST     10/05/2002 
Returned to Mode/2     02/07/2003 
Resubmitted to OST/3     02/27/2004 
Returned to Mode/3     03/12/2004 
Resubmitted to OST/4     03/17/2004 
Returned to Mode/4     03/18/2004 
Resubmitted to OST/5     03/19/2004 
Returned to Mode/5     03/19/2004 
Resubmitted to OST/6     06/10/2004 
To OMB 11/04/2002  07/12/2004  09/16/2004 
OMB Clearance 02/04/2003  12/16/2004  12/15/2004 
Publication Date 02/09/2003  03/08/2005  02/28/2005 
End of Comment Period 04/09/2003  05/23/2005  04/29/2005 
Explanation for any delay: Additional coordination necessary
Federal Register Citation for NPRM: 70 FR 9752


Federal Aviation Administration
14. 
Stage 4 Aircraft Noise Standards Red
Popular Title: Stage 4
RIN 2120-AH99
Stage: Final Rule
Previous Stage: NPRM: Publication Date 12/01/2003; End of Comment Period 03/01/2004.
Abstract: This rulemaking would establish a new noise standard for subsonic jet airplanes and subsonic transport category large airplanes. This noise standard would ensure that the latest available noise reduction technology is incorporated into new aircraft designs. This noise standard, Stage 4, would apply to any person submitting an application for a new airplane type design on and after January 1, 2006. The standard could be chosen voluntarily prior to that date. This noise standard is intended to provide uniform noise certification standards for Stage 4 airplanes certificated in the United States and those airplanes that meet the new International Civil Aviation Organization Annex 16 Chapter 4 noise standard.
Effects:
  None
Prompting action: International Agreement
Legal Deadline:  None
Rulemaking Project Initiated: 01/28/2002
Dates for Final Rule:
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 09/27/2004  11/05/2004  11/02/2004 
To OMB 10/27/2004  02/08/2005  02/03/2005 
OMB Clearance 01/27/2005  05/10/2005  04/29/2005 
Publication Date 03/18/2005  07/08/2005  07/05/2005 
Explanation for any delay: Additional coordination necessary
Federal Register Citation for Final Rule: 70FR38741


Federal Aviation Administration
15. 
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  07/15/2005   
To OMB 01/12/2005  08/19/2005   
OMB Clearance 04/18/2005  11/30/2005   
Publication Date 04/29/2005  12/06/2005   
Explanation for any delay: Unanticipated issues requiring further analysis
Federal Register Citation for Final Rule: None


Federal Aviation Administration
16. 
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   
To OMB 11/29/2004  08/12/2005   
OMB Clearance 03/01/2005  11/14/2005   
Publication Date 03/15/2005  11/28/2005   
End of Comment Period 05/13/2005  01/30/2006   
Explanation for any delay: Additional coordination necessary
Federal Register Citation for NPRM: None


Federal Aviation Administration
17. 
Flightdeck Door Monitoring and Crew Discreet Alerting System Red
Popular Title: Crew Monitoring
RIN 2120-AI16
Stage: NPRM
Previous Stage:None
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 NPRM:
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 06/14/2003  04/01/2004  03/25/2004 
Returned to Mode     06/15/2004 
Resubmitted to OST     06/25/2004 
To OMB 08/19/2003  04/15/2005  03/30/2005 
Returned by OMB     05/18/2005 
Resubmitted to OST/3     06/09/2005 
Resubmitted to OMB/2     06/10/2005 
OMB Clearance 10/18/2003  09/09/2005   
Publication Date 10/29/2003  09/23/2005   
End of Comment Period 12/29/2003  11/23/2005   
Explanation for any delay: Additional coordination necessary
Other, higher priorities
Federal Register Citation for NPRM: None


Federal Aviation Administration
18. 
Washington, DC, Metropolitan Area Special Flight Rules Area Red
Popular Title: DC Flight Rules
RIN 2120-AI17
Stage: NPRM
Previous Stage:None
Abstract: This rulemaking will 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 NPRM:
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 11/27/2003  10/08/2003  10/22/2004 
Returned to Mode     10/27/2004 
Resubmitted to OST   12/01/2004  11/08/2004 
Returned to Mode/2 02/10/2005  12/01/2004  11/16/2004 
Resubmitted to OST/3   12/01/2004  12/15/2004 
Resubmitted to OST/4     02/04/2005 
Returned to Mode/3     03/24/2005 
To OMB 02/24/2004  04/12/2005  04/26/2005 
OMB Clearance 05/21/2004  07/12/2005   
Publication Date 06/04/2004  07/23/2005   
End of Comment Period 08/04/2004  09/23/2005   
Explanation for any delay: Additional coordination necessary
Federal Register Citation for NPRM: None


Federal Aviation Administration
19. 
Fuel Tank Safety Compliance Extension (Final Rule) and Aging Airplane Program Update (Notice) Red
Popular Title: Aging Airplane
RIN 2120-AI20
Stage: Disposition of Comments
Previous Stage: Final Rule with Request for Comments: Publication Date 07/30/2004; End of Comment Period 08/30/2004; Extension of Comment Period 08/23/2004; End of Extended Comment Period 09/29/2004.
Abstract: This action extends the compliance dates for operators to comply with special maintenance program requirements for transport airplane fuel tank systems. This extension is from December 6, 2004 to December 30, 2007. This action is necessary to allow affected operators enough time, after receipt of fuel tank systems maintenance programs from manufacturers, to incorporate necessary revisions into their maintenance programs. In addition, this action will tell the public about the findings of the FAA's review of our Aging Airplane Program and the resulting rulemaking projects. This rulemaking was upgraded from nonsignificant.
Effects:
  None
Prompting action: None
Legal Deadline:  None
Rulemaking Project Initiated: 04/04/2003
Dates for Disposition of Comments:
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 04/19/2005    04/19/2005 
Publication Approved 05/17/2005  10/13/2005  06/07/2005 
Publication Date 05/31/2005  07/15/2005   
Explanation for any delay: Additional coordination necessary
Federal Register Citation for Disposition of Comments: None


Federal Aviation Administration
20. 
Transport Airplane Fuel Tank Flammability Reduction Red
Popular Title: Fuel Tank Flammability/Inerting
RIN 2120-AI23
Stage: NPRM
Previous Stage:None
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 NPRM:
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 09/22/2004  12/30/2004  02/02/2005 
Returned to Mode     02/22/2005 
Resubmitted to OST     04/05/2005 
To OMB 10/22/2004  07/06/2005   
OMB Clearance 01/21/2005  10/06/2005   
Publication Date 01/28/2005  10/13/2005   
End of Comment Period 03/28/2005  12/13/2005   
Explanation for any delay: Additional coordination necessary
Unanticipated impacts requiring further analysis
Federal Register Citation for NPRM: None


Federal Aviation Administration
21. 
Enhanced Airworthiness Program for Airplane Systems (EAPAS) and SFAR 88 Red
Popular Title: EAPAS
RIN 2120-AI31
Stage: NPRM
Previous Stage:None
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 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 inspections 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 NPRM:
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 10/27/2004  02/07/2005  01/25/2005 
To OMB 11/27/2004  06/15/2005  06/10/2005 
OMB Clearance 03/01/2005  09/15/2005   
Publication Date 03/18/2005  09/22/2005   
End of Comment Period 05/18/2005  01/24/2006   
Explanation for any delay: Additional coordination necessary
Federal Register Citation for NPRM: None


Federal Aviation Administration
22. 
Aging Aircraft Safety--Development of TC and STC Holder Data Red
Popular Title: STC Holder Data
RIN 2120-AI32
Stage: NPRM
Previous Stage:None
Abstract: This rulemaking would require type certificate holders and supplemental type certificate holders to provide airplane operators with damage tolerance data for repairs, alterations, and modifications to certain airplane structure. This rulemaking is needed to support airplane operator compliance with the requirement to include damage tolerance inspections and procedures in their maintenance programs. The intended effect of this rulemaking is twofold. First, it is to ensure the continued airworthiness of airplane structure that is susceptible to fatigue cracking that could contribute to a catastrophic failure. Second, it would require that type certificate holders and supplemental type certificate holders provide needed data to support operator compliance with the Aging Airplane Safety final rule.
Effects:
  Economically Significant
Major
Unfunded Mandate
Prompting action: None
Legal Deadline:  None
Rulemaking Project Initiated: 02/17/2004
Dates for NPRM:
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 10/29/2004  10/14/2005   
To OMB 11/26/2004  11/14/2005   
OMB Clearance 02/25/2005  02/20/2006   
Publication Date 03/17/2005  03/03/2006   
End of Comment Period 06/17/2005  06/03/2006   
Explanation for any delay: Unanticipated impacts requiring further analysis
Federal Register Citation for NPRM: None


Federal Aviation Administration
23. 
Drug Enforcement Assistance Red
Popular Title: Drug Enf Assistance
RIN 2120-AI43
Stage: Undetermined
Previous Stage:None
Abstract: This rulemaking would change the pilot certification and aircraft registration requirements. Pilots would have two years to replace their paper certificates with upgraded, counterfeit-resistant certificates. Student pilots would not be affected. Others who hold airman certificates, such as flight engineers and mechanics, would have five years. 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. The purpose of the changes is to assist Federal, State, and local agencies to enforce the Nation's drug laws. The FAA anticipates publishing this NPRM in the Federal Register after completing consideration of how to address recently enacted picture identification provisions. FAA withdrew this rule from OMB on 2/24/2005.
Effects:
  None
Prompting action: Statute
Legal Deadline:  Final Rule : 09/18/1989
Rulemaking Project Initiated: 11/18/1988
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 Aviation Administration
24. 
Congestion and Delay Reduction at Chicago O'Hare International Airport Green
Popular Title: O'Hare Airport
RIN 2120-AI51
Stage: NPRM
Previous Stage:None
Abstract: This rulemaking would 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 FAA continues 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 April 6, 2008.
Effects:
  Economically Significant
Major
Prompting action: None
Legal Deadline:  None
Rulemaking Project Initiated: 09/08/2004
Dates for NPRM:
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 12/14/2004    12/21/2004 
To OMB 02/02/2005    01/03/2005 
OMB Clearance 05/02/2005    03/18/2005 
Publication Date 05/16/2005  04/04/2005  03/25/2005 
End of Comment Period 07/18/2005  06/03/2005  05/24/2005 
Explanation for any delay: N/A
Federal Register Citation for NPRM: 70 FR 15519


Federal Aviation Administration
25. 
Part 145: Repair Stations--Ratings and Quality System Green
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     
To OMB 08/05/2005     
OMB Clearance 11/08/2005     
Publication Date 11/23/2005     
End of Comment Period 02/23/2006     
Explanation for any delay: N/A
Federal Register Citation for NPRM: None


Federal Aviation Administration
26. 
Experimental Permit for Suborbital Reusable Launch Vehicles Green
Popular Title: Reusable Launch Vehicles
RIN 2120-AI56
Stage: NPRM
Previous Stage:None
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 NPRM:
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 08/05/2005     
To OMB 09/06/2005     
OMB Clearance 12/06/2005     
Publication Date 12/22/2005     
End of Comment Period 02/22/2006     
Explanation for any delay: N/A
Federal Register Citation for NPRM: None


Federal Aviation Administration
27. 
Commercial Human Space Flight Regulations Pertaining to Crew & Space Flight Participants Green
Popular Title: Human Space Flight
RIN 2120-AI57
Stage: NPRM
Previous Stage:None
Abstract: This rulemaking will develop regulations that will govern the design or operation of a launch vehicle to protect the health and safety of crew in vehicles carrying space flight participants for compensation or hire.
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 NPRM:
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 08/03/2005     
To OMB 09/02/2005     
OMB Clearance 12/02/2005     
Publication Date 12/21/2005     
End of Comment Period 02/21/2006     
Explanation for any delay: N/A
Federal Register Citation for NPRM: None


Federal Highway Administration

Federal Highway Administration
28. 
National Standards for Traffic Control Devices; the Manual on Uniform Traffic Control Devices for Streets and Highways; Maintaining Traffic Sign Retroreflectivity Green
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     
To OMB 09/23/2005     
OMB Clearance 12/23/2005     
Publication Date 01/09/2006     
End of Comment Period 07/09/2006     
Explanation for any delay: N/A
Federal Register Citation for SNPRM: None


Federal Motor Carrier Safety Administration

Federal Motor Carrier Safety Administration
29. 
Commercial Learner Permits Green
Popular Title: Commercial Permits
RIN 2126-AA03
Stage: Withdrawal
Previous Stage: NPRM: Publication Date 8/22/1990; End of Comment Period 10/22/90; Comment Period Extended 10/23/90; End of Extended Comment Period 11/30/90.
Abstract: FMCSA has decided to withdraw this discretionary rulemaking because it is not expected to achieve a significant impact on safety. In addition, a separate, high-priority Departmental project on national standards for driver's licenses may well overtake this effort. The rulemaking would have established Federal minimum standards for States to issue commercial driver's licenses (CDLs). FMCSA had scheduled a SNPRM for publication by 08/15/05.
Effects:
  None
Prompting action: None
Legal Deadline:  None
Rulemaking Project Initiated: 02/06/1990
Dates for Withdrawal:
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 11/08/2005     
Publication Approved 12/14/2005     
Publication Date 12/30/2005     
Explanation for any delay: N/A
Federal Register Citation for Withdrawal: None


Federal Motor Carrier Safety Administration
30. 
Qualification of Drivers; Field of Vision Green
Popular Title: Field of Vision
RIN 2126-AA05
Stage: Withdrawal
Previous Stage: ANPRM: Publication Date 2/28/92; End of Comment Period 4/28/92. Notice of Information: Publication Date 6/05/96.
Abstract: FMCSA has decided to withdraw this discretionary rulemaking and refer the issue to its Medical Review Board that is currently under development. The agency believes this would be a more appropriate first step in addressing this issue. The Federal Highway Administration (FHWA) issued an ANPRM in February of 1992 to consider whether to amend the driver qualification requirements regarding the vision standard, as part of a review of the medical qualification standards for interstate CMV drivers. A temporary waiver program was initiated to permit the agency to observe and collect data on the driving experience of a group of vision-deficient drivers who met certain preconditions, and was concluded on March 31, 1996. FHWA considered further research to develop comprehensive performance-based visual standards for all commercial drivers. Information about the proposed research plan and public hearing on the subject was published on June 5, 1996 ( 61 FR 28547). FHWA contracted with a medical center to develop medically-based recommendations for amending the current Federal vision requirements. Recommendations were delivered in October 1998.
Effects:
  None
Prompting action: None
Legal Deadline:  None
Rulemaking Project Initiated: 02/01/1991
Dates for Withdrawal:
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 07/25/2005    06/13/2005 
Publication Approved 08/24/2005  07/14/2005   
Publication Date 08/31/2005  07/22/2005   
Explanation for any delay: N/A
Federal Register Citation for Withdrawal: None


Federal Motor Carrier Safety Administration
31. 
Medical Qualification Requirements as Part of the CDL Process 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 a Federal medical certification as part of the commercial driver's license (CDL) program, and implement Section 215 of the Motor Carrier Safety Improvement Act. Incorporating medical qualification verification and documentation into State-administered CDL procedures will improve highway safety by preventing medically-unqualified individuals from obtaining a CDL. It would also eliminate the requirement for CDL operators to carry their medical certificate in addition to their CDL.
Effects:
  None
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  11/12/2005   
To OMB 11/01/2002  12/12/2005   
OMB Clearance 02/01/2003  03/15/2006   
Publication Date 02/15/2003  03/31/2006   
End of Comment Period 04/15/2003  05/31/2006   
Explanation for any delay: Unanticipated issues requiring further analysis
Federal Register Citation for NPRM: None


Federal Motor Carrier Safety Administration
32. 
Railroad-Highway Grade Crossing Safety Red
Popular Title: Rail-Highway Crossing
RIN 2126-AA18
Stage: Undetermined
Previous Stage: NPRM: Publication Date 7/30/98; End of Comment Period 11/27/98. Notice of Public Meeting: Publication Date 10/29/99; Meeting Date 11/09/99.
Abstract: This rulemaking would prohibit operators of commercial motor vehicles (CMVs) from driving onto a railroad grade crossing unless there is sufficient space to drive completely through the crossing without stopping. It is intended to reduce the incidence of collisions between trains and CMVs. This rulemaking action is required by the Hazardous Materials Transportation Authorization Act of 1994; however, FMCSA and FRA have not found a feasible or cost-beneficial way to meet the the statutory requirement. This action is considered significant because of substantial public interest and safety issues. FMCSA originally planned to publish a NPRM by March 31, 2003.
Effects:
  None
Prompting action: Statute
Legal Deadline:  Complete Final Rule : 02/16/1995
Rulemaking Project Initiated: 08/26/1994
Dates for Undetermined:
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST      
To OMB      
OMB Clearance      
Publication Date      
Explanation for any delay: Additional coordination necessary
Federal Register Citation for Undetermined: None


Federal Motor Carrier Safety Administration
33. 
Unified Registration System Red
Popular Title: URS
RIN 2126-AA22
Stage: NPRM
Previous Stage: ANPRM: Publication Date 8/26/96; End of Comment Period 10/25/96.
Abstract: This rulemaking would replace three current identification and registration systems -- the USDOT identification number system, the registration/licensing system, and the financial responsibility system -- with a unified registration system. It would consolidate and simplify current Federal registration processes and increase public accessibility to data about interstate and foreign motor carriers, property brokers, and freight forwarders. In addition, the agency will consider comments on how it might replace a fourth system -- the single-State registration system -- in a manner consistent with conditions imposed by statute.
Effects:
  Regulatory Flexibility Act
Prompting action: Statute
Legal Deadline:  Final Rule : 01/01/1998
Rulemaking Project Initiated: 01/01/1996
Dates for NPRM:
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 02/15/2002  09/13/2002  10/16/2002 
Returned to Mode     11/26/2002 
Resubmitted OST     10/04/2004 
Returned to Mode/2     10/07/2004 
Resubmitted to OST/3     12/06/2004 
To OMB 03/15/2002  01/19/2005  02/03/2005 
OMB Clearance 04/24/2002  05/03/2005  05/05/2005 
Publication Date 04/30/2002    05/19/2005 
End of Comment Period 07/01/2002    08/17/2005 
Explanation for any delay: Additional coordination necessary
Other, higher priorities
Unanticipated issues requiring further analysis
Federal Register Citation for NPRM: 70 FR 28989


Federal Motor Carrier Safety Administration
34. 
Transportation of Household Goods; Consumer Protection Regulations Red
Popular Title: Household Goods
RIN 2126-AA32
Stage: Final Rule
Previous Stage: NPRM: Publication Date 5/15/98; End of Comment Period 7/14/98; Extension and Reopening of Comment Period 8/12/98; End of Extended Comment Period 10/13/98. Interim Final Rule: Publication Date 6/11/2003; End of Comment Period 8/11/2003. IFR Compliance Date Delayed: Publication Date 9/30/2003. IFR Technical Amendments: Publication Date 03/05/2004. Technical Amendments Clarified and New Compliance Date: Publication Date 4/02/2004.
Abstract: This rule would make final the interim regulations governing interstate transportation of household goods, which specify how motor carriers that transport household goods must assist individual customers who ship household goods. The agency received several petitions for reconsideration of the Interim Final Rule (IFR) and made technical amendments to the IFR to address the concerns of petitioners.
Effects:
  None
Prompting action: None
Legal Deadline:  None
Rulemaking Project Initiated: 01/01/1998
Dates for Final Rule:
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 11/01/2004    11/09/2004 
To OMB 12/01/2004  04/12/2005  04/04/2005 
OMB Clearance 03/01/2005  07/12/2005  07/01/2005 
Publication Date 03/08/2005  07/22/2005   
Explanation for any delay: Additional coordination necessary
Federal Register Citation for Final Rule: None


Federal Motor Carrier Safety Administration
35. 
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 28, 2003.
Effects:
  None
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
36. 
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
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
37. 
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 establish minimum requirements for new entrant motor carriers to ensure that they are knowledgeable about applicable Federal motor carrier safety standards. After ensuring that they are knowledgeable, the new entrants would be able to operate for 18 months in which time they must pass a safety review in order to receive permanent operating authority. A rule is necessary to clarify that all foreign motor carriers planning to operate in interstate commerce (except Mexico-domiciled motor carriers who are covered under the NAFTA rules) will be subject to these requirements.
Effects:
  None
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  07/29/2005   
To OMB 09/17/2004  08/29/2005   
OMB Clearance 12/17/2004  11/28/2005   
Publication Date 12/31/2004  12/05/2005   
End of Comment Period 02/28/2005  02/03/2006   
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
38. 
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 raised 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
39. 
Certification of Compliance with Federal Motor Vehicle Safety Standards (FMVSS) Red
Popular Title: FMVSS Certification
RIN 2126-AA69
Stage: Withdrawal
Previous Stage: NPRM: Publication Date 03/19/2002; End of Comment Period 05/20/2002.
Abstract: FMCSA has decided to withdraw this rulemaking. Upon evaluation of information presented in the comments to the NPRM, Congressional action in section 132 of the 2005 Consolidated Appropriations Act, and consultations with NHTSA, FMCSA has determined this regulation is not necessary to ensure the safe operation of commercial motor vehicles. This rulemaking would have required motor carriers to ensure that each CMV they operate in interstate commerce displays a label certifying that the vehicle complies with all applicable FMVSSs in effect on the date of manufacture. It would also have ensured that all motor carriers operating CMVs in the United States use only vehicles that were certified by the manufacturer as meeting all applicable Federal safety performance requirements. The final rule was scheduled for publication on March 30, 2004.
Effects:
  None
Prompting action: Statute
Legal Deadline:  None
Rulemaking Project Initiated: 08/01/2001
Dates for Withdrawal:
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 06/03/2005    06/14/2005 
Publication Approved 07/22/2005  07/22/2005   
Publication Date 07/29/2005  07/29/2005   
Explanation for any delay: Additional coordination necessary
Federal Register Citation for Withdrawal: None


Federal Motor Carrier Safety Administration
40. 
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 is now publishing 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
41. 
Penalties, Inspection, and Decal Display Requirements for Mexico-Domiciled Motor Carriers Red
Popular Title: CVSA decals
RIN 2126-AA72
Stage: Interim Final Rule
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. The last "new projected date" showed a publication date of 7/11/2005.
Effects:
  None
Prompting action: None
Legal Deadline:  None
Rulemaking Project Initiated: 02/09/2002
Dates for Interim Final Rule:
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 09/15/2002     
To OMB 10/15/2002     
OMB Clearance 01/15/2003     
Publication Date 02/01/2003     
End of Comment Period 04/01/2003     
Explanation for any delay: Awaiting outcome of pending legislation
Federal Register Citation for Interim Final Rule: None


Federal Motor Carrier Safety Administration
42. 
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:
  None
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     
To OMB 01/11/2006     
OMB Clearance 04/11/2006     
Publication Date 04/30/2006     
Explanation for any delay: Unanticipated issues requiring further analysis
Federal Register Citation for Final Rule: None


Federal Motor Carrier Safety Administration
43. 
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 registration requirements at 49 U.S.C. 13902 may not operate a CMV in interstate commerce unless it has registered with FMCSA. It also would prohibit motor carriers from operating beyond the scope of their registered authorization. Moreover, if vehicles are discovered operating in violation of such registration requirements, they would be placed out of service, and the carrier may be subject to additional penalties. This action makes State enforcement of registration 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   
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
44. 
Qualifications of Motor Carriers To Self-Insure Their Operations and Fees To Support the Approval and Compliance Process; Withdrawal Green
Popular Title: Operations and Fees
RIN 2126-AA82
Stage: Withdrawal
Previous Stage:None
Abstract: This action would withdraw a proposed rulemaking that solicited comments on the need for additional backup collateral or security to protect the public against uncompensated losses. The rule would also have amended the regulations governing qualifications of motor carriers seeking authorization to self-insure their transportation operations. The NPRM was issued by FHWA (RIN 2125-AE06). When FMCSA was created, this rulemaking was transferred and reassigned to FMCSA as RIN 2126-AA28. RIN 2126-AA28 was inadvertently deleted in the May 14, 2001 Spring Semiannual Agenda (66 FR 25885). The proposed rule is no longer necessary because these issues are now part of RIN 2126-AA22.
Effects:
  None
Prompting action: None
Legal Deadline:  None
Rulemaking Project Initiated: 06/17/2003
Dates for Withdrawal:
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 05/19/2005    05/19/2005 
Publication Date 06/30/2005     
Explanation for any delay: N/A
Federal Register Citation for Withdrawal: None


Federal Motor Carrier Safety Administration
45. 
Brokers of Household Goods Transportation by Motor Vehicle Green
Popular Title: Household Goods Brokers
RIN 2126-AA84
Stage: NPRM
Previous Stage: ANPRM: Publication Date 12/22/04; End of Comment Period 02/22/2005.
Abstract: The agency has granted the American Moving and Storage Association's petition for rulemaking. FMCSA will determine in this rulemaking whether the general property broker regulations under Part 371 need to be amended to protect consumers of household goods.
Effects:
  None
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     
To OMB 10/06/2005     
OMB Clearance 12/16/2005     
Publication Date 12/30/2005     
End of Comment Period 02/28/2006     
Explanation for any delay: N/A
Federal Register Citation for NPRM: None


Federal Motor Carrier Safety Administration
46. 
Inspection, Repair and Maintenance of Intermodal Container Chassis 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. The last "new projected date" for this rulemaking showed a publication date for the NPRM of 9/26/05.
Effects:
  None
Prompting action: None
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     
To OMB 10/15/2004     
OMB Clearance 01/15/2005     
Publication Date 01/31/2005     
End of Comment Period 03/30/2005     
Explanation for any delay: Awaiting outcome of pending legislation
Federal Register Citation for NPRM: None


Federal Motor Carrier Safety Administration
47. 
Electronic On-Board Recorders for Hours-of-Service Compliance Green
Popular Title: Electronic On-Board Recorders
RIN 2126-AA89
Stage: ANPRM
Previous Stage:None
Abstract: This rulemaking is considering potential amendments to 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:
  Economically Significant
Major
Unfunded Mandate
Prompting action: Court Action
Legal Deadline:  None
Rulemaking Project Initiated: 08/09/2004
Dates for ANPRM:
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST     08/24/2004 
To OMB     08/27/2004 
OMB Clearance     08/27/2004 
Publication Date 09/01/2004    09/01/2004 
End of Comment Period 11/30/2004    11/30/2004 
Explanation for any delay: N/A
Federal Register Citation for ANPRM: 69 FR 53386


Federal Motor Carrier Safety Administration
48. 
Hours of Service of Drivers Green
Popular Title: HOS
RIN 2126-AA90
Stage: Final Rule
Previous Stage: NPRM: Publication Date 01/24/2005; End of Comment Period 03/10/2005.
Abstract: This rulemaking will re-examine the April 2003 hours of service (HOS) final rule in response to a July 16, 2004, decision by the U.S. Court of Appeals for the District of Columbia Circuit that overturned the rule, specifically due to concerns about the regulations' impact on the health of drivers. The April 2003 HOS rule remains in effect until no later than September 30, 2005, pursuant to the Surface Transportation Extension Act of 2004, by which time FMCSA intends to complete this rulemaking.
Effects:
  Economically Significant
Major
Unfunded Mandate
Regulatory Flexibility Act
EIS
Prompting action: Court Action
Legal Deadline:  Effective only until : 09/30/2005
Rulemaking Project Initiated: 08/09/2004
Dates for Final Rule:
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 06/10/2005    06/10/2005 
To OMB 06/30/2005     
OMB Clearance 08/15/2005     
Publication Date 08/22/2005     
Explanation for any delay: Unanticipated impacts requiring further analysis
Federal Register Citation for Final Rule: None


Federal Motor Carrier Safety Administration
49. 
Parts and Accessories Necessary for Safe Operations; Surge Brake Requirements Green
Popular Title: Surge Brakes
RIN 2126-AA91
Stage: NPRM
Previous Stage:None
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 NPRM:
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 07/01/2005    06/01/2005 
To OMB 08/01/2005     
OMB Clearance 10/31/2005     
Publication Date 11/10/2005     
End of Comment Period 01/09/2006     
Explanation for any delay: N/A
Federal Register Citation for NPRM: None


Federal Railroad Administration

Federal Railroad Administration
50. 
Locomotive Crashworthiness Green
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 would 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 would 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:
  Negotiated Rulemaking
Prompting action: Statute
Legal Deadline:  Rule or Report to Congress : 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     
To OMB 12/30/2005     
OMB Clearance 03/30/2006     
Publication Date 04/07/2006     
Explanation for any delay: N/A
Federal Register Citation for Final Rule: None


Federal Railroad Administration
51. 
Occupational Noise Exposure for Railroad Operating Employees Green
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 would amend FRA's occupational noise standards for railroad employees whose predominant noise exposure occurs in the locomotive cab. FRA's existing standard (issued in 1980) limits cab employee noise exposure to certain levels based on the duration of employee exposure. This rulemaking would modify that standard and also set out additional requirements. The rulemaking would require railroads to conduct noise monitoring and to implement a hearing conservation program, which would include hearing tests (audiograms), training, and monitoring. The rulemaking would also establish design, build, and maintenance standards for new locomotives and maintenance requirements for existing locomotives. FRA expects that this rulemaking would 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     
To OMB 11/03/2005     
OMB Clearance 02/03/2006     
Publication Date 02/17/2006     
Explanation for any delay: N/A
Federal Register Citation for Final Rule: None


Maritime Administration

Maritime Administration
52. 
Maritime Security Program Green
Popular Title: Maritime Security
RIN 2133-AB62
Stage: Final Rule
Previous Stage: Interim Final Rule: Publication Date 07/20/04; Extension of Comment Period 08/24/04; End of Extended Comment Period 08/30/04.
Abstract: This rulemaking provides procedures to implement the provisions of the Maritime Security Act of 2003 (MSA 2003). The MSA 2003 authorizes payments for fiscal years (FYs) 2006 through 2015 for a new Maritime Security Program (MSP). The final rule needs to be in place to continue the Program, which involves millions of dollars and national security. In addition, the MSP supports a fleet of active, commercially viable, privately owned vessels to meet national defense and other security requirements and to maintain a United States presence in international commercial shipping.
Effects:
  Economically Significant
Major
Prompting action: Statute
Legal Deadline:  Any IFRs issued terminate 270 days after the effective date of the statute. : 06/28/2005
Rulemaking Project Initiated: 12/01/2003
Dates for Final Rule:
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 04/25/2005  05/12/2005  05/11/2005 
To OMB 05/31/2005  07/01/2005   
OMB Clearance 08/31/2005  07/18/2005   
Publication Date 09/08/2005  07/25/2005   
Explanation for any delay: N/A
Federal Register Citation for Final Rule: None


National Highway Traffic Safety Administration

National Highway Traffic Safety Administration
53. 
Rear Convex Cross-View Mirrors Red
Popular Title: Convex Mirrors
RIN 2127-AG41
Stage: NPRM
Previous Stage:None
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. Two possible counter-measures are being considered: cross-view mirror systems or camera systems.
Effects:
  None
Prompting action: None
Legal Deadline:  None
Rulemaking Project Initiated: 06/28/1996
Dates for NPRM:
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST     12/09/2004 
To OMB 01/10/2005  05/31/2005  06/10/2005 
OMB Clearance 03/10/2005  07/22/2005  06/15/2005 
Publication Date 03/17/2005  07/29/2005   
End of Comment Period 05/17/2005  09/30/2005   
Explanation for any delay: Additional coordination necessary
Federal Register Citation for NPRM: None


National Highway Traffic Safety Administration
54. 
Roof Crush Resistance Red
Popular Title: Roof Crush Resistance
RIN 2127-AG51
Stage: NPRM
Previous Stage: Request for Comments: Publication Date 10/22/01; End of Comment Period 12/06/01.
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, and in response to a petition for rulemaking, 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: None
Legal Deadline:  None
Rulemaking Project Initiated: 07/13/1996
Dates for NPRM:
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 09/28/2004  11/23/2004  11/29/2004 
To OMB 10/28/2004  04/15/2005  04/25/2005 
OMB Clearance 01/28/2005  07/25/2005   
Publication Date 02/04/2005  07/30/2005   
End of Comment Period 04/04/2005  09/30/2005   
Explanation for any delay: Additional coordination necessary
Federal Register Citation for NPRM: None


National Highway Traffic Safety Administration
55. 
Upgrade Door Retention Performance Green
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.
Effects:
  None
Prompting action: None
Legal Deadline:  None
Rulemaking Project Initiated: 07/07/1998
Dates for Final Rule:
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 08/31/2005     
To OMB 10/14/2005     
OMB Clearance 01/13/2006     
Publication Date 01/16/2006     
Explanation for any delay: N/A
Federal Register Citation for Final Rule: None


National Highway Traffic Safety Administration
56. 
Frontal Offset Protection Red
Popular Title: Frontal Offset
RIN 2127-AH73
Stage: Withdrawal
Previous Stage: Request for Comments: Publication Date 02/03/2004; End of Comment Period 04/05/2004.
Abstract: This rulemaking would establish a Federal motor vehicle safety standard for high-speed frontal offset crash testing. The frontal offset test is a crash test for automobiles and light trucks in which the subject vehicles are run into a deformable honeycomb barrier. The barrier contacts only 40 percent of the front of the vehicle, simulating an off-center frontal collision. The agency is considering adding the high speed offset test to the frontal occupant protection standard to measure vehicle structural integrity and reduce the number and severity of lower-body injuries. NHTSA is examining whether implementing a new offset test might create disbenefits to occupants of other vehicles. However, further testing and analysis is necessary in order for the agency to complete a proposal. Agency originally scheduled the publication of an NPRM by 10/08/03.
Effects:
  None
Prompting action: None
Legal Deadline:  None
Rulemaking Project Initiated: 12/10/1998
Dates for Withdrawal:
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 06/18/2005  07/13/2005   
Publication Approved 06/25/2005  08/13/2005   
Publication Date 06/30/2005  08/20/2005   
Explanation for any delay: Unanticipated issues requiring further analysis
Federal Register Citation for Withdrawal: None


National Highway Traffic Safety Administration
57. 
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 06/14/04; End of Comment Period 08/13/04. 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  07/15/2005   
OMB Clearance 07/21/2005  10/14/2005   
Publication Date 07/28/2005  10/18/2005   
Explanation for any delay: Additional coordination necessary
Federal Register Citation for Final Rule: None


National Highway Traffic Safety Administration
58. 
5th Percentile Dummy Belted Barrier Crash Test Requirements -- Standard 208 Green
Popular Title: 5th Percentile Dummy Belted Barrier
RIN 2127-AI98
Stage: Final Rule
Previous Stage: NPRM: Publication Dtae 08/06/03; End of Comment Period 10/05/03.
Abstract: The agency is considering an amendment to its 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     
To OMB 09/06/2005     
OMB Clearance 12/06/2005     
Publication Date 12/13/2005     
End of Comment Period 02/13/2006     
Explanation for any delay: N/A
Federal Register Citation for Final Rule: None


National Highway Traffic Safety Administration
59. 
Side Impact Protection Upgrade - FMVSS No. 214 Green
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: None
Legal Deadline:  None
Rulemaking Project Initiated: 05/05/2003
Dates for Final Rule:
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 10/13/2005     
To OMB 11/25/2005     
OMB Clearance 02/21/2006     
Publication Date 02/28/2006     
End of Comment Period 04/28/2006     
Explanation for any delay: N/A
Federal Register Citation for Final Rule: None


National Highway Traffic Safety Administration
60. 
Reforming the Automobile Fuel Economy Standards Program Black
Popular Title: Reforming CAFE
RIN 2127-AJ17
Stage: Undetermined
Previous Stage: ANPRM: Publication Date 12/29/03; End of Comment Period 4/27/04.
Abstract: Through this action, the agency intends to begin a public discussion on potential ways, within current statutory authority, to update the Corporate Average Fuel Economy (CAFE) Program and to make it more consistent with our public policy objectives. The agency will seek comments on a number of possible concepts and measures, and invite the public to present additional concepts not presented here. The discussion is not intended to address the stringency of proposed CAFE standards in the future, but rather the basic structure of the CAFE program. The agency is interested in any suggestions towards revamping the CAFE program in such a way as to enhance overall fuel economy while protecting occupant safety and American jobs. The potential changes range from modest changes to existing definitions separating passenger cars from light trucks (i.e., vans, pickup trucks and SUVs) to more significant structural changes to light truck fuel economy standards. The definitional changes could potentially expand the definition of light truck to include larger SUV's that are not currently subject to fuel economy standards, add criteria to existing definitions of light trucks and ensure that vehicles subject to the lower fuel economy standards applicable to trucks have sufficient functionality to be properly classified as trucks. The advance notice also requests comment on changing the existing approach to setting light truck fuel economy standards from one of setting a fixed standard applicable to all sizes of trucks in the light truck fleet to one of setting a standard that changes in relationship to a selected attribute of trucks in the fleet. Under such an attribute-based standard, the required fuel economy would change in relationship to either the weight of the vehicle, the size of the vehicle, or both.
Effects:
  Economically Significant
Major
Unfunded Mandate
Prompting action: None
Legal Deadline:  None
Rulemaking Project Initiated: 09/08/2003
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: Additional coordination necessary
Federal Register Citation for Undetermined: None


National Highway Traffic Safety Administration
61. 
Reduced Stopping Distance Requirements for Truck Tractors Red
Popular Title: Reduced Stopping Distance for Truck Tractors
RIN 2127-AJ37
Stage: NPRM
Previous Stage:None
Abstract: The agency is considering reducing 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 NPRM:
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 04/08/2005  06/07/2005  06/10/2005 
To OMB 05/07/2005  07/19/2005   
OMB Clearance 08/08/2005  10/19/2005   
Publication Date 08/15/2005  10/29/2005   
End of Comment Period 10/14/2005  12/27/2006   
Explanation for any delay: Additional coordination necessary
Federal Register Citation for NPRM: None


National Highway Traffic Safety Administration
62. 
Light Truck Average Fuel Economy Standards, Model Year 2008 and possibly beyond Green
Popular Title: Light Truck Average Fuel Economy
RIN 2127-AJ61
Stage: NPRM
Previous Stage:None
Abstract: This rulemaking would address Corporate Average Fuel Economy Standards for light trucks for model year 2008 and possibly beyond, as appropriate.
Effects:
  Economically Significant
Major
Unfunded Mandate
Prompting action: Statute
Legal Deadline:  CAFE standards must be set at least 18 months prior to the start of a model year : 04/01/2006
Rulemaking Project Initiated: 02/14/2005
Dates for NPRM:
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 05/17/2005  06/16/2005  06/16/2005 
To OMB 06/15/2005  07/13/2005   
OMB Clearance 07/19/2005  08/15/2005   
Publication Date 07/26/2005  08/16/2005   
End of Comment Period 09/26/2005  10/17/2005   
Explanation for any delay: N/A
Federal Register Citation for NPRM: None


National Highway Traffic Safety Administration
63. 
Tire Safety Green
Popular Title: Tire Safety
RIN 2127-AJ65
Stage: Reconsideration of Final Rule
Previous Stage:None
Abstract: This rulemaking would respond to petitions for reconsideration of a final rule establishing new and more stringent tire performance requirements. The final rule increased the stringency of the existing high speed and endurance tests and added a low pressure performance test.
Effects:
  Economically Significant
Major
Prompting action: None
Legal Deadline:  None
Rulemaking Project Initiated: 03/09/2005
Dates for Reconsideration of Final Rule:
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 09/01/2005     
To OMB 10/21/2005     
OMB Clearance 01/20/2006     
Publication Date 01/31/2006     
Explanation for any delay: N/A
Federal Register Citation for Reconsideration of Final Rule: None


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


Pipeline and Hazardous Materials Safety Administration

Pipeline and Hazardous Materials Safety Administration
73. 
Gas Gathering Line Definition Red
Popular Title: Gas Gathering Line
RIN 2137-AB15
Stage: SNPRM
Previous Stage: NPRM: Publication Date 09/25/1991; End of Comment Period 11/25/1991.
Abstract: The rulemaking would modify the existing definitions of "gas gathering line" and "regulated gathering line" to eliminate confusion in distinguishing these pipelines from transmission lines in rural areas. The costs should be minimal since the definition will conform to prevailing practices in government and industry.
Effects:
  None
Prompting action: Statute
Legal Deadline:  Final Rule : 10/24/1994
Rulemaking Project Initiated: 07/15/1986
Dates for SNPRM:
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 01/28/2005    01/28/2005 
To OMB 03/04/2005  05/13/2005  06/10/2005 
OMB Clearance 06/06/2005  08/12/2005   
Publication Date 06/17/2005  08/19/2005   
End of Comment Period 09/19/2005  11/18/2005   
Explanation for any delay: Additional coordination necessary
Federal Register Citation for SNPRM: None


Pipeline and Hazardous Materials Safety Administration
74. 
Safeguarding Food from Contamination During Transportation Red
Popular Title: Sanitary Food
RIN 2137-AC00
Stage: Final Rule
Previous Stage: ANPRM: Publication Date 02/20/1991; End of Comment Period 03/26/1991. NPRM: Publication Date 05/21/1993; End of Comment Period 10/18/1993. SNPRM: Publication Date 12/21/2004; End of Comment Period 01/20/2005.
Abstract: This rulemaking would address a statutory mandate under the Sanitary Food Transportation Act of 1990 (SFTA) by requiring persons who transport or offer for transport food or food products in commerce to comply with applicable United States Department of Agriculture (USDA) and Food and Drug Administration (FDA) regulations.
Effects:
  None
Prompting action: Statute
Legal Deadline:  Final Rule : 08/01/1991
Rulemaking Project Initiated: 10/21/1990
Dates for Final Rule:
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 06/16/2005    06/10/2005 
To OMB 07/21/2005     
OMB Clearance 10/19/2005     
Publication Date 10/26/2005     
Explanation for any delay: Additional coordination necessary
Federal Register Citation for Final Rule: None


Pipeline and Hazardous Materials Safety Administration
75. 
Hazardous Materials: Transportation of Oxygen Cylinders and Oxygen Generators Aboard Aircraft Red
Popular Title: Oxygen Cylinders and Generators
RIN 2137-AD33
Stage: NPRM
Previous Stage:None
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 NPRM:
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 11/21/2003    11/17/2003 
To OMB 12/22/2003    01/28/2004 
OMB Clearance 03/22/2004  04/28/2004  04/27/2004 
Publication Date 03/29/2004  05/06/2004  05/06/2004 
End of Comment Period 05/27/2004  07/06/2004  08/13/2004 
Extension of Comment Period     08/04/2004 
End of Extended Comment Period     12/13/2004 
Explanation for any delay: Awaiting development of additional data
Federal Register Citation for NPRM: 69 FR 25470


Pipeline and Hazardous Materials Safety Administration
76. 
Hazardous Materials: Safety Requirements for External Product Piping on Cargo Tanks Transporting Flammable Liquids Green
Popular Title: Wetlines Rule
RIN 2137-AD36
Stage: Final Rule
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 address requirements to reduce the risks associated with the retention of flammable liquid in unprotected product piping on a cargo tank motor vehicle during transportation (wetlines). It responds to an NTSB recommendation. It is significant because of industry concerns about its cost implications.
Effects:
  EIS
Prompting action: None
Legal Deadline:  None
Rulemaking Project Initiated: 01/19/2000
Dates for Final Rule:
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 10/01/2006     
To OMB 11/03/2006     
OMB Clearance 02/01/2007     
Publication Date 02/08/2007     
Explanation for any delay: N/A
Federal Register Citation for Final Rule: None


Pipeline and Hazardous Materials Safety Administration
77. 
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 will prepare and publish for public comment an Initial Regulatory Flexibility Analysis (IFRA) in order to determine the impact of its proposal on small entities. .
Effects:
  None
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 
Submit IRFA to OST   04/25/2005  04/26/2005 
Publish IRFA   06/15/2005  06/15/2005 
End of Comment Period for IRFA   07/15/2005  08/01/2005 
Resubmitted to OST   11/04/2005   
Resubmitted to OMB/2   12/16/2005   
OMB Clearance 07/09/2003  03/16/2006   
Publication Date 07/16/2003  03/24/2006   
Explanation for any delay: Additional coordination necessary
Federal Register Citation for Final Rule: None


Pipeline and Hazardous Materials Safety Administration
78. 
Hazardous Materials: Requirements for Lighters and Lighter Refills Red
Popular Title: Lighters and Refills Requirements
RIN 2137-AD88
Stage: Final Rule
Previous Stage: NPRM: Publication Date 8/16/2004; End of Comment Period 10/16/2004.
Abstract: This rulemaking would make substantial amendments to requirements in hazardous materials regulations for the approval, examination, testing, and transportation of lighters and lighter refills. The changes address current manufacturing or transportation conditions. This rulemaking was upgraded to significant at the request of OMB.
Effects:
  None
Prompting action: None
Legal Deadline:  None
Rulemaking Project Initiated: 09/16/2003
Dates for Final Rule:
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 04/22/2005  06/20/2005  06/10/2005 
To OMB 05/26/2005  07/26/2005   
OMB Clearance 08/26/2005  10/21/2005   
Publication Date 09/02/2005  10/28/2005   
Explanation for any delay: Additional coordination necessary
Federal Register Citation for Final Rule: None


Pipeline and Hazardous Materials Safety Administration
79. 
Hazardous Materials: Infectious Substances; Harmonization with the United Nations Red
Popular Title: Infectious Substance; Harmonization
RIN 2137-AD93
Stage: NPRM
Previous Stage: None
Abstract: This rulemaking would amend the Hazardous Materials Regulations (HMR) to harmonize the current requirements for the Transport of Dangerous Goods with UN standards which revised the classification criteria for infectious substances, based on risk evaluations conductd by the World Health Organization and U.S. Centers for Disease Control and Prevention. It would also relax transportation requirements for certain infectious substances based on the level of risk associated with their transportation.
Effects:
  None
Prompting action: None
Legal Deadline:  None
Rulemaking Project Initiated: 03/01/2003
Dates for NPRM:
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 06/30/2004  10/29/2004  10/25/2004 
To OMB 08/03/2004  02/28/2005  02/03/2005 
OMB Clearance 11/01/2004  05/03/2005  05/06/2005 
Publication Date 11/08/2004  05/13/2005  05/19/2005 
End of Comment Period 01/10/2005  07/13/2005  07/18/2005 
Explanation for any delay: Awaiting development of additional data
Federal Register Citation for NPRM: 70 FR 29170


Pipeline and Hazardous Materials Safety Administration
80. 
Hazardous Materials: Enhancing Rail Transportation Security of Toxic by Inhalation Materials Black
Popular Title: TIH Rule
RIN 2137-AE02
Stage: Undetermined
Previous Stage: Request for Comments: Publication Date 08/16/04; End of Comment Period 10/18/04.
Abstract: The Department of Transportation and the Department of Homeland Security are examining the need for enhanced security requirements for the rail transportation of hazardous materials that are toxic by inhalation. The two departments are seeking comments on the feasibility of initiating specific security enhancements and the potential costs and benefits of doing so. Security measures being considered include improvements to security plans, modifications of methods used to identify shipments, ehhanced requirements for temporary storage, strenghtened tank car integrity, and implemention of tracking and communication systems. Both departments are reviewing the comments received and then will decide the next action.
Effects:
  None
Prompting action: Presidential Direction
Legal Deadline:  None
Rulemaking Project Initiated: 05/01/2004
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


Pipeline and Hazardous Materials Safety Administration
81. 
Definition of "Offer a Hazardous Material for Transportation" and "Offeror" Black
Popular Title: Offeror Rule
RIN 2137-AE04
Stage: Final Rule
Previous Stage: NPRM: Publication Date 9/24/2004; End of Comment Period 11/23/2004.
Abstract: This rulemaking would add a definition for "Person who offers or offeror" to the Hazardous Materials Regulations in order to codify the applicability of those regulations. The definition would be based on long-standing administrative determination concerning the meaning of this term.
Effects:
  None
Prompting action: None
Legal Deadline:  None
Rulemaking Project Initiated: 07/15/2004
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


Pipeline and Hazardous Materials Safety Administration
82. 
Prohibition on the Transportation of Primary Lithium Batteries Aboard Passenger Aircraft Green
Popular Title: Primary Lithium Battery Ban
RIN 2137-AE05
Stage: Final Rule
Previous Stage:None
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.
Effects:
  None
Prompting action: Secretarial/Head of Operating Administration Decision
Legal Deadline:  None
Rulemaking Project Initiated: 10/01/2004
Dates for Final Rule:
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 03/06/2006     
To OMB 04/07/2006     
OMB Clearance 07/06/2006     
Publication Date 07/13/2006     
Explanation for any delay: N/A
Federal Register Citation for Final Rule: None


Pipeline and Hazardous Materials Safety Administration
83. 
Hazardous Materials: Requirements for Storage of Explosives During Transportation Yellow
Popular Title: Storage of Explosives
RIN 2137-AE06
Stage: ANPRM
Previous Stage:None
Abstract: This rulemaking would address the current safety and security risks associated with the storage of explosives during transportation. OMB upgraded this rulemaking to significant.
Effects:
  None
Prompting action: None
Legal Deadline:  None
Rulemaking Project Initiated: 01/01/2005
Dates for ANPRM:
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 05/23/2005    05/24/2005 
Returned to Mode     05/24/2005 
Resubmitted to OST     05/26/2005 
Returned to Mode/2     06/14/2005 
Resubmitted to OST/2   06/30/2005  06/22/2005 
To OMB 06/24/2005  07/29/2005   
OMB Clearance 09/22/2005  08/12/2005   
Publication Date 09/29/2005  08/19/2005   
End of Comment Period 11/28/2005  10/19/2005   
Explanation for any delay: N/A
Federal Register Citation for ANPRM: None