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Report on DOT Significant Rulemakings

Table of Contents

Office of the Secretary

57. Accessibility of Passenger Vessels to Individuals with Disabilities

58. Use of Oxygen by Air Carrier Passengers

59. Aviation Data Requirements Review and Modernization Program

60. Nondiscrimination on the Basis of Disability in Air Travel

61. Procedures for Transportation Workplace Drug and Alcohol Testing Programs

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

63. Protection of Sensitive Security Information

64. Oversales and Denied Boarding Compensation

65. Procedures for Transportation Workplace Drug and Alcohol Testing Programs: State Laws Requiring Drug and Alcohol Rule Violation Information

66.  Credit Assistance for Surface Transportation Projects

67. Enhancing Airline Passenger Protections



Office of the Secretary
Office of the Secretary
57. 
Accessibility of Passenger Vessels to Individuals with Disabilities Red
Popular Title: Accessibility-passenger vessels
RIN 2105-AB87
Stage: NPRM
Previous Stage: ANPRM: Publication Date 11/29/2004;End of Comment Period 03/28/2005;Publication Date for Extension of Comment Period 03/28/2005;End of Extended Comment Period 07/28/2005.
Abstract: The Department's Americans with Disabilities Act (ADA) final rule, published September 6, 1991, reserved portions of the rule concerning passenger vessels. The ADA covers passenger vessels, but issuing accessibility requirements for vessels involves complex issues unlike those affecting land transportation. This rulemaking would address these issues and propose feasible requirements to make passenger vessels accessible to, and usable by, individuals with disabilities.
Effects:
  None
Prompting action: Statute
Legal Deadline: None
Rulemaking Project Initiated: 07/26/1990
Docket Number: OST-2007-26829
Dates for NPRM:
Milestone Originally
Scheduled
Date		 New
Projected
Date		 Actual
Date
To OST 04/15/2006  07/30/2006  07/17/2006 
To OMB 06/01/2006    09/29/2006 
OMB Clearance 09/01/2006  12/29/2006  12/21/2006 
Publication Date 09/17/2006  01/19/2007  01/23/2007 
End of Comment Period 12/17/2006  04/19/2007  04/23/2007 
Extension of Comment Period   04/23/2007  04/13/2007 
End of Extended Comment Period   06/22/2007  06/22/2007 
Public Hearing/Reopening of Comment Period   01/15/2008   
End of Reopened Comment Period   01/30/2008   
Explanation for any delay: Additional coordination necessary
Federal Register Citation for NPRM: 72 FR 28333


Office of the Secretary
58. 
Use of Oxygen by Air Carrier Passengers Red
Popular Title: Oxygen by Air Carrier Passengers
RIN 2105-AC29
Stage: Final Rule
Previous Stage: NPRM: Publication Date 09/07/2005;End of Comment Period 11/07/2005;Extension of Comment Period 10/21/2005 ; End of Extended Comment Period 01/30/2006.
Abstract: This rulemaking would address the carriage and use of certain respiratory devices (i.e., ventilators, respirators, continuous positive airway pressure (CPAP) machines and certain portable oxygen concentrators) by passengers aboard commercial aircraft. It would also address difficulties experienced by passengers needing supplemental oxygen on airline flights, including costs associated with in-flight medical oxygen.
Effects:
  None
Prompting action: None
Legal Deadline: None
Rulemaking Project Initiated: 07/01/2004
Docket Number:
Dates for Final Rule:
Milestone Originally
Scheduled
Date		 New
Projected
Date		 Actual
Date
To OST 03/26/2007  11/15/2007   
To OMB 05/01/2007  12/15/2007   
OMB Clearance 08/01/2007  03/15/2008   
Publication Date 08/05/2007  03/25/2008   
Explanation for any delay: Unanticipated issues requiring further analysis
Federal Register Citation for Final Rule: None


Office of the Secretary
59. 
Aviation Data Requirements Review and Modernization Program Black
Popular Title: Aviation Data
RIN 2105-AC71
Stage: Undetermined
Previous Stage: ANPRM: Publication Date 07/15/1998; End of Comment Period 09/14/1998; End of Reply Comment Period 10/13/1998. NPRM: Publication Date 02/17/2005;End of Comment Period 04/18/2005;Extension of Comment Period Publication Date 07/18/2005; End of Extended Comment Period 9/18/2005.
Abstract: This rulemaking requested public comments from reporting carriers and aviation data users on the nature, scope, source, and means for collecting, processing, and distributing airline traffic, fare, and financial data. Specifically, it invited comments on whether existing airline traffic, fare, and financial data should be amended, supplemented, or replaced; whether selected forms and reports should be retained, modified, or eliminated; whether OST 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
Docket Number:
Dates for Undetermined:
Milestone Originally
Scheduled
Date		 New
Projected
Date		 Actual
Date
To OST      
To OMB      
OMB Clearance      
Publication Date      
End of Comment Period      
Explanation for any delay: N/A
Federal Register Citation for Undetermined: None


Office of the Secretary
60. 
Nondiscrimination on the Basis of Disability in Air Travel Red
Popular Title: ACAA - Foreign Carriers
RIN 2105-AC97
Stage: Final Rule
Previous Stage: NPRM: Publication Date 11/04/2004; End of Comment Period 02/02/2005; Extension of Comment Period Publication Date 01/13/2005; End of Extended Comment Period 03/04/2005.
Abstract: This rulemaking would add coverage under the Air Carrier Access Act to foreign air carriers and comprehensively update and revise 14 CFR Part 382. It would also clarify or propose new provisions in such areas as movable aisle armrests, preboarding announcements, and accessibility of carrier web sites. This rulemaking is being incorporated into RIN 2105-AC29.
Effects:
  None
Prompting action: Statute
Legal Deadline: None
Rulemaking Project Initiated: 04/05/2000
Docket Number:
Dates for Final Rule:
Milestone Originally
Scheduled
Date		 New
Projected
Date		 Actual
Date
To OST 05/01/2006  11/15/2007   
To OMB 06/15/2006  12/15/2007   
OMB Clearance 09/15/2006  03/15/2008   
Publication Date 10/07/2006  03/15/2008   
Explanation for any delay: Unanticipated issues requiring further analysis
Federal Register Citation for Final Rule: None


Office of the Secretary
61. 
Procedures for Transportation Workplace Drug and Alcohol Testing Programs Red
Popular Title: Specimen Validity Testing
RIN 2105-AD26
Stage: Final Rule
Previous Stage: Interim Final Rule: Publication Date 05/28/2003. NPRM: Publication Date 10/31/2005; End of Comment Period 12/31/2005.
Abstract: This rulemaking would amend certain provisions of its drug and alcohol testing procedures to change instructions to laboratories, medical review officers, and employers with respect to adulterated, substituted, diluted, and invalid specimen results. This action would create consistency with specimen validity requirements established by the U.S. Department of Health and Human Services and modify some measures taken in other rulemaking actions. Also, this rulemaking would include rulemaking action specified in RINs 2105-AD47 and 2105-AD55.
Effects:
  None
Prompting action: None
Legal Deadline: None
Rulemaking Project Initiated: 02/13/2003
Docket Number: OST-2003-15245
Dates for Final Rule:
Milestone Originally
Scheduled
Date		 New
Projected
Date		 Actual
Date
To OST 03/25/2007  12/27/2007   
To OMB 04/25/2007  01/20/2008   
OMB Clearance 07/25/2007  04/20/2008   
Publication Date 07/30/2007  04/30/2008   
Explanation for any delay: Lack of resources
Lack of staffing
Federal Register Citation for Final Rule: None


Office of the Secretary
62. 
Accommodations in Air Travel for Deaf, Hard of Hearing and Deaf-Blind Individuals Red
Popular Title: Deaf, Hard of Hearing
RIN 2105-AD41
Stage: Final Rule
Previous Stage: NPRM: Publication Date 2/23/2006; End of Comment Period 4/24/2006.
Abstract: This rulemaking would expand accomodations provided to deaf, hard of hearing, and deaf-blind air travelers under the Air Carrier Access Act. The purpose of this rulemaking would be to improve access for air travelers who are deaf, hard of hearing and deaf-blind during all phases of air travel, from the airport to the flight itself. This rule would apply to certain foreign and domestic air carriers. Also, the rulemaking action would respond to a petition for rulemaking. This rulemaking is being incorporated into RIN 2105-AC29.
Effects:
  None
Prompting action: None
Legal Deadline: None
Rulemaking Project Initiated: 05/11/2004
Docket Number:
Dates for Final Rule:
Milestone Originally
Scheduled
Date		 New
Projected
Date		 Actual
Date
To OST 03/26/2007  11/15/2007   
To OMB 05/01/2007  12/15/2007   
OMB Clearance 08/01/2007  03/15/2008   
Publication Date 08/05/2007  03/25/2008   
Explanation for any delay: Unanticipated issues requiring further analysis
Federal Register Citation for Final Rule: None


Office of the Secretary
63. 
Protection of Sensitive Security Information Black
Popular Title: SSI-TSA
RIN 2105-AD59
Stage: Undetermined
Previous Stage: Interim Final Rule: Publication Date 05/18/2004; End of Comment Period 07/19/2004.
Abstract: This rulemaking would publish a Final Rule addressing the May 2004 Interim Final Rule and respond to any comments. As of January 31, 2007, this rulemaking is on hold pending the receipt of additional information from DHS. The schedule cannot be further updated until this information is received.
Effects:
  None
Prompting action: None
Legal Deadline: None
Rulemaking Project Initiated: 09/02/2002
Docket Number:
Dates for Undetermined:
Milestone Originally
Scheduled
Date		 New
Projected
Date		 Actual
Date
To OST      
To OMB      
OMB Clearance      
Publication Date      
End of Comment Period      
Explanation for any delay: N/A
Federal Register Citation for Undetermined: None


Office of the Secretary
64. 
Oversales and Denied Boarding Compensation Green
Popular Title: DBC
RIN 2105-AD63
Stage: NPRM
Previous Stage: ANPRM: Publication Date 7/10/07; End of Comment Period 9/10/07.
Abstract: This rulemaking would address whether the Department of Transportation (Department) should amend its rules relating to oversales and denied boarding compensation to cover flights operated with aircraft seating 30 through 60 passengers, which are currently exempt from the rule. It would also address whether the Department should increase the maximum required compensation and make other changes. OST originally scheduled an NPRM for publication on July 5, 2007 but determined that an ANPRM was necessary before developing the NPRM.
Effects:
  None
Prompting action: None
Legal Deadline: None
Rulemaking Project Initiated: 10/19/2006
Docket Number:
Dates for NPRM:
Milestone Originally
Scheduled
Date		 New
Projected
Date		 Actual
Date
To OST 10/25/2007    02/08/2007 
To OMB 10/31/2007    10/31/2007 
OMB Clearance 01/30/2008     
Publication Date 02/14/2008     
End of Comment Period 04/14/2008     
Explanation for any delay: N/A
Federal Register Citation for NPRM: None


Office of the Secretary
65. 
Procedures for Transportation Workplace Drug and Alcohol Testing Programs: State Laws Requiring Drug and Alcohol Rule Violation Information Green
Popular Title: State Reporting
RIN 2105-AD67
Stage: NPRM
Previous Stage: None
Abstract: The rulemaking would propose a revision to 49 CFR Part 40 and FTA and FMCSA drug/alcohol testing rules to permit employers to comply with state laws requiring transmission of information on violations of DOT drug/alcohol rules concerning commercial drivers to state safety and licensing agencies.
Effects:
  None
Prompting action: Secretarial/Head of Operating Administration Decision
Legal Deadline: None
Rulemaking Project Initiated: 08/09/2007
Docket Number:
Dates for NPRM:
Milestone Originally
Scheduled
Date		 New
Projected
Date		 Actual
Date
To OST 08/10/2007    08/10/2007 
To OMB 12/02/2007     
OMB Clearance 03/01/2008     
Publication Date 03/10/2008     
End of Comment Period 05/10/2008     
Explanation for any delay: N/A
Federal Register Citation for NPRM: None


Office of the Secretary
66. 
Credit Assistance for Surface Transportation Projects Red
Popular Title: TIFIA Update
RIN 2105-AD70
Stage: NPRM
Previous Stage:None
Abstract: This rulemaking would amend the TIFIA rule to implement recent statutory changes and incorporate certain other changes that the DOT believes will improve the efficiency of the program and its usefulness to borrowers. This rulemaking would also extend applicability of the rule to the Maritime Administration.
Effects:
  None
Prompting action: None
Legal Deadline: None
Rulemaking Project Initiated: 04/17/2007
Docket Number:
Dates for NPRM:
Milestone Originally
Scheduled
Date		 New
Projected
Date		 Actual
Date
To OST 05/18/2007  12/07/2007   
To OMB 06/18/2007  01/14/2008   
OMB Clearance 09/18/2007  04/14/2008   
Publication Date 09/28/2007  04/25/2008   
End of Comment Period 11/28/2007  06/25/2008   
Explanation for any delay: Additional coordination necessary
Federal Register Citation for NPRM: None


Office of the Secretary
67. 
Enhancing Airline Passenger Protections Green
Popular Title: Aviation Consumer
RIN 2105-AD72
Stage: ANPRM
Previous Stage:None
Abstract: This rulemaking would seek comment on whether the Department should adopt a rule to enhance airline passenger protections in the following ways: (1) require carriers to adopt contingency plans for lengthy tarmac delays and incorporate them in their contract of carriage, (2) require carriers to respond to consumer problems, (3) require carriers to give consumers accurate and timely information, (4) deem operating a chronically delayed flight to be unfair and deceptive, (5) require carriers to publish delay data, (6) require carriers to publish complaint data, (7) require on-time performance reporting for international flights, and (8) require carriers to audit their compliance with their customer service plan.
Effects:
  None
Prompting action: Secretarial/Head of Operating Administration Decision
Legal Deadline: None
Rulemaking Project Initiated: 09/04/2007
Docket Number:
Dates for ANPRM:
Milestone Originally
Scheduled
Date		 New
Projected
Date		 Actual
Date
To OST 10/18/2007    10/18/2007 
To OMB 10/24/2007    10/26/2007 
OMB Clearance 11/07/2007  01/13/2008   
Publication Date 11/20/2007  02/13/2008   
End of Comment Period 01/21/2007  05/13/2008   
Explanation for any delay: N/A
Federal Register Citation for ANPRM: None