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Report on DOT Significant Rulemakings

Table of Contents

Federal Aviation Administration

1. Drug Enforcement Assistance

2. National Air Tour Safety Standards

3. Flight Crewmember Duty Limitations and Rest Requirements

4. Licensing and Safety Requirements for Launch

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

6. Transponder Continuous Operation

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

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

9. Aging Aircraft Program (Widespread Fatigue Damage)

10. Flightdeck Door Monitoring and Crew Discreet Alerting System

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

12. Transport Airplane Fuel Tank Flammability Reduction

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

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

15. Drug Enforcement Assistance

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

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

18. Experimental Permit for Suborbital Reusable Launch Vehicles

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

20. Special Training Required For Pilots Who Fly Under Visual Flight Rules And Are Within 100 NM of the Washington, DC Air Defense Identification Zone (DC ADIZ)

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

Federal Highway Administration

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

23. Express Lane Demonstration Project

24. Projects of National and Regional Significance

25. Metropolitan Transportation Planning

26. Design-Build Contracting

27. Surface Transportation Project Delivery Pilot Program

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

Federal Motor Carrier Safety Administration

29. Commercial Learner Permits

30. Medical Certification Requirements as Part of the CDL

31. Railroad-Highway Grade Crossing Safety

32. Unified Registration System

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

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

35. New Entrant Safety Assurance Process

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

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

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

39. Hours of Service of Drivers; Supporting Documents

40. Enforcement of Operating Authority Requirements

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

42. Brokers of Household Goods Transportation by Motor Vehicle

43. Inspection, Repair and Maintenance of Intermodal Container Chassis

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

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

46. Motor Carriers of Property; Exemption From Filing Financial and Operating Statistics

47. Revocation of Operating Authority

Federal Railroad Administration

48. Standards for Development and Use of Processor-Based Signal and Train Control Systems

49. Locomotive Crashworthiness

50. Occupational Noise Exposure for Railroad Operating Employees

51. Passenger Train Emergency Systems

Federal Transit Administration

52. Major Capital Investment Projects - New/Small Starts

53. Metropolitan and Statewide Transportation Planning

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

55. Public Transportation Security Grants--SAFETEA-LU

56. Charter Bus Operations

National Highway Traffic Safety Administration

57. Rear Convex Cross-View Mirrors

58. Roof Crush Resistance

59. Upgrade Door Retention Performance

60. Event Data Recorders

61. 5th Percentile Dummy Belted Barrier Crash Test Requirements -- Standard 208

62. Side Impact Protection Upgrade - FMVSS No. 214

63. Reforming the Automobile Fuel Economy Standards Program

64. Reduced Stopping Distance Requirements for Truck Tractors

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

66. Tire Safety

Office of the Secretary

67. Accessibility of Passenger Vessels to Individuals with Disabilities

68. Use of Oxygen by Air Carrier Passengers

69. Fees and Charges for Special Services

70. Aviation Data Requirements Review and Modernization Program

71. Nondiscrimination on the Basis of Disability in Air Travel

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

73. Petition of the National Air Carrier Association for Rulemaking

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

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

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

77. Price Advertising

Pipeline and Hazardous Materials Safety Administration

78. Gas Gathering Line Definition and Safety Rules

79. Safeguarding Food from Contamination During Transportation

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

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

82. Hazardous Materials; Transportation of Lithium Batteries

83. Hazardous Materials: Requirements for Lighters and Lighter Refills

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

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

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

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

88. Hazardous Materials: Enforcement Regulations



Federal Aviation Administration

Federal Aviation Administration
1. 
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 in the Federal Register at the same time as our proposal to implement the 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  01/06/2006   
Explanation for any delay: Other, higher priorities
Unanticipated issues requiring further analysis
Federal Register Citation for Withdrawal: None


Federal Aviation Administration
2. 
National Air Tour Safety Standards Red
Popular Title: Air Tour Safety
RIN 2120-AF07
Stage: Final Rule
Previous Stage: NPRM: Publication Date 10/22/03; End of Comment Period 01/20/04; Extension of Comment Period 01/16/04; End of Extended Comment Period 04/19/04; Extension of Comment Period/2 04/20/04; End of Extended Comment Period/2 06/18/04.
Abstract: This rulemaking will consider new regulations for air tour and sightseeing operations that are currently allowed to operate under less stringent regulations than those applied to other types of commercial operations. Hot air balloons and gliders would not be included in this amendment.
Effects:
  Regulatory Flexibility Act
Prompting action: None
Legal Deadline:  None
Rulemaking Project Initiated: 04/25/1994
Dates for Final Rule:
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 05/26/2005  04/26/2006   
To OMB 06/26/2005  05/26/2006   
OMB Clearance 09/26/2005  08/24/2006   
Publication Date 10/10/2005  09/14/2006   
Explanation for any delay: Unanticipated impacts requiring further analysis
Federal Register Citation for Final Rule: None


Federal Aviation Administration
3. 
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
4. 
Licensing and Safety Requirements for Launch Red
Popular Title: Licensing Space Launches
RIN 2120-AG37
Stage: Final Rule
Previous Stage: NPRM: Publication Date 10/25/2000; End of Comment Period 2/22/2001. SNPRM: Publication Date 07/30/2002; End of Comment Period 10/28/2002.
Abstract: This action would establish requirements for licensing the conduct of a launch from a non-Federal launch site. The law requires anyone who proposes to conduct a launch within the United States, or a U.S. citizen proposing to conduct a launch from a site outside the United States, to obtain a license from DOT. This action would govern obtaining a license to conduct such a launch. Currently, commercial rocket launches take place from Federal Government installations operated by the Department of Defense and NASA. FAA originally planned to publish a SNPRM/2 by December 2003.
Effects:
  None
Prompting action: None
Legal Deadline:  None
Rulemaking Project Initiated: 01/17/1999
Dates for Final Rule:
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 09/30/2005  12/09/2005   
To OMB 10/31/2005  01/20/2006   
OMB Clearance 01/31/2006  04/20/2006   
Publication Date 02/17/2006  04/28/2006   
Explanation for any delay: Awaiting development of additional data
Unanticipated issues requiring further analysis
Federal Register Citation for Final Rule: None


Federal Aviation Administration
5. 
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    07/22/2005 
Returned to Mode   09/06/2005  08/18/2005 
Resubmitted to OST   10/28/2005  11/23/2005 
To OMB 08/25/2005  01/06/2006   
OMB Clearance 11/28/2005  04/06/2006   
Publication Date 12/15/2005  04/20/2006   
End of Comment Period 02/13/2006  06/20/2006   
Explanation for any delay: Unanticipated issues requiring further analysis
Federal Register Citation for SNPRM: None


Federal Aviation Administration
6. 
Transponder Continuous Operation Red
Popular Title: Transponder Continuous Operation
RIN 2120-AH67
Stage: Undetermined
Previous Stage: NPRM: Publication Date 1/14/2003; End of Comment Period 3/17/2003; Extension of Comment Period 3/18/2003; End of Extended Comment Period 4/18/2003.
Abstract: This rulemaking would amend the instrument and equipment requirements for airplanes operated in domestic, flag, and supplemental operations. Specifically, the rulemaking would require affected airplanes to have the capability to help assure immediate activation of the designated air traffic control (ATC) hijack alert code, and continuous transmission of that code to ATC during a hijack situation. This action would respond to the heightened threat to U.S. civil aviation. The FAA believed that this capability would help provide ATC personnel with more time to initiate a national security response to a potential airplane hijack situation. However, following a review of the comments, the FAA is considering withdrawing the NPRM because of uncertainty about whether it is justified. The FAA had previously scheduled a withdrawal for publication on October 14, 2003.
Effects:
  None
Prompting action: Secretarial/Head of Operating Administration Decision
Legal Deadline:  None
Rulemaking Project Initiated: 10/01/2001
Dates for Undetermined:
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST      
To OMB      
OMB Clearance      
Publication Date      
End of Comment Period      
Explanation for any delay: Additional coordination necessary
Unanticipated issues requiring further analysis
Federal Register Citation for Undetermined: None


Federal Aviation Administration
7. 
Revisions to Cockpit Voice Recorder and Digital Flight Data Recorder Regulations Red
Popular Title: Cockpit Voice Recorder
RIN 2120-AH88
Stage: Final Rule
Previous Stage: NPRM: Publication Date 02/28/2005; End of Comment Period 04/29/2005; Extension of Comment Period 06/28/2005.
Abstract: This rulemaking would amend the cockpit voice recorder (CVR) and digital flight data recorder (DFDR) regulations for certain air carriers, operators, and aircraft manufacturers. It would increase the duration of CVR and flight data recorder (FDR) recordings; increase the data recording rate of certain DFDR parameters; require physical separation of the DFDR and CVR; improve the reliability of the power supply to both the CVR and DFDR; and, if data-link communication equipment is installed, require that all data-link communications received by an aircraft be recorded.
Effects:
  None
Prompting action: None
Legal Deadline:  None
Rulemaking Project Initiated: 08/30/1999
Dates for Final Rule:
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 09/08/2006     
To OMB 10/09/2006     
OMB Clearance 01/05/2006     
Publication Date 01/19/2004     
End of Comment Period 04/19/2007     
Explanation for any delay: N/A
Federal Register Citation for Final Rule: None


Federal Aviation Administration
8. 
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  12/15/2005   
To OMB 01/12/2005  01/30/2005   
OMB Clearance 04/18/2005  05/01/2006   
Publication Date 04/29/2005  05/15/2006   
Explanation for any delay: Unanticipated issues requiring further analysis
Federal Register Citation for Final Rule: None


Federal Aviation Administration
9. 
Aging Aircraft Program (Widespread Fatigue Damage) Red
Popular Title: Aging Aircraft Widespread Fatigue
RIN 2120-AI05
Stage: NPRM
Previous Stage:None
Abstract: This rulemaking would require incorporation of a program to preclude widespread fatigue damage into the FAA-approved maintenance program of each operator of large transport category airplanes. This action is the result of concern for the continued operational safety of airplanes that are approaching or have exceeded their design service goal. This rulemaking would require a limit of validity in flight cycles or hours of the structural maintenance program, where the operator must incorporate added inspections and/or modification/replacement actions into its maintenance program to allow continued operation.
Effects:
  None
Prompting action: None
Legal Deadline:  None
Rulemaking Project Initiated: 06/15/1999
Dates for NPRM:
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 11/01/2004  05/31/2005  05/18/2005 
Returned to Mode     06/17/2005 
Resubmitted to OST   07/15/2005  07/21/2005 
Returned to Mode/2     08/15/2005 
Resubmitted to OST/2   08/25/2005  08/25/2005 
Returned to Mode/3     08/30/2005 
Resubmitted to OST/3   09/09/2005  08/31/2005 
To OMB 11/29/2004  12/16/2005   
OMB Clearance 03/01/2005  03/16/2006   
Publication Date 03/15/2005  03/30/2006   
End of Comment Period 05/13/2005  07/31/2006   
Explanation for any delay: Additional coordination necessary
Federal Register Citation for NPRM: None


Federal Aviation Administration
10. 
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  10/10/2005  09/01/2005 
Publication Date 10/29/2003  10/24/2005  09/21/2005 
End of Comment Period 12/29/2003  11/21/2005  11/21/2005 
Explanation for any delay: Additional coordination necessary
Other, higher priorities
Federal Register Citation for NPRM: 70 FR 55491


Federal Aviation Administration
11. 
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 
Resubmitted to OST/5     03/25/2005 
To OMB 02/24/2004  04/12/2005  04/26/2005 
OMB Clearance 05/21/2004  10/25/2005  07/27/2005 
Publication Date 06/04/2004  10/30/2005  08/04/2005 
End of Comment Period 08/04/2004  11/06/2005  11/02/2005 
Explanation for any delay: Additional coordination necessary
Federal Register Citation for NPRM: 70 FR 45249


Federal Aviation Administration
12. 
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  08/12/2005  08/09/2005 
OMB Clearance 01/21/2005  11/11/2005  11/10/2005 
Publication Date 01/28/2005  11/25/2005  11/23/2005 
End of Comment Period 03/28/2005  01/25/2006  03/23/2006 
Explanation for any delay: Additional coordination necessary
Unanticipated impacts requiring further analysis
Federal Register Citation for NPRM: 70 FR 70922


Federal Aviation Administration
13. 
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 inspection programs. It would also clarify requirements of certain existing operational rules for operators to incorporate ICA for fuel tank systems into their maintenance or inspection programs. The intent of this rule is to help ensure the continued safety of commercial airplanes by improving the design, installation, and maintenance of their electrical wiring systems as well as by aligning those requirements as closely as possible with the requirements for fuel tank system safety.
Effects:
  None
Prompting action: None
Legal Deadline:  None
Rulemaking Project Initiated: 05/28/2001
Dates for 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  09/09/2005  09/08/2005 
Publication Date 03/18/2005  09/23/2005  10/06/2005 
End of Comment Period 05/18/2005  11/23/2006  02/03/2006 
Explanation for any delay: Additional coordination necessary
Federal Register Citation for NPRM: 70 FR 58507


Federal Aviation Administration
14. 
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  01/13/2006   
To OMB 11/26/2004  02/13/2006   
OMB Clearance 02/25/2005  05/15/2006   
Publication Date 03/17/2005  05/29/2006   
End of Comment Period 06/17/2005  08/29/2006   
Explanation for any delay: Unanticipated impacts requiring further analysis
Federal Register Citation for NPRM: None


Federal Aviation Administration
15. 
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
16. 
Congestion and Delay Reduction at Chicago O'Hare International Airport Green
Popular Title: O'Hare Airport
RIN 2120-AI51
Stage: Final Rule
Previous Stage: NPRM: Publication Date 03/25/2005;End of Comment Period 05/24/2005.
Abstract: This rulemaking will create operational limits on the number of peak hour arrivals at O'Hare International Airport (ORD) as an interim measure to manage congestion and delays. This final rule replaces the Administrator's August 2004 order with slightly different requirements. The final rule will alter and extend the limitations on arrivals into O'Hare while we continue to consider various market-based mechanisms to allocate capacity and evaluate the impact of the O'Hare modernization plan (OMP) and its goal of increasing capacity. The final rule 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 Final Rule:
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 10/17/2005  01/12/2006   
To OMB 11/24/2005  02/16/2006   
OMB Clearance 02/24/2006  05/16/2006   
Publication Date 02/28/2006  05/30/2006   
Explanation for any delay: N/A
Federal Register Citation for Final Rule: None


Federal Aviation Administration
17. 
Part 145: Repair Stations--Ratings and Quality System Red
Popular Title: Part 145
RIN 2120-AI53
Stage: NPRM
Previous Stage:None
Abstract: This rulemaking will amend the regulations for repair stations by revising the system of ratings and requiring repair stations to establish a quality program. This rulemaking will add changes critical to maintaining safety. These include: requiring a repair station to maintain a capability list; requiring a repair station to designate a chief inspector; requiring permanent housing for all repair stations for their facilities, equipment, materials, and personnel; and identifying reasons for denying a repair station certificate, especially when a previously held certificate has been revoked. In addition, the rulemaking will clarify recent revisions to the repair station regulations. This action is necessary to reflect changes in aviation technology and repair station business practices.
Effects:
  None
Prompting action: None
Legal Deadline:  None
Rulemaking Project Initiated: 09/18/2001
Dates for NPRM:
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 07/05/2005  01/03/2006   
To OMB 08/05/2005  02/03/2006   
OMB Clearance 11/08/2005  05/03/2006   
Publication Date 11/23/2005  05/17/2006   
End of Comment Period 02/23/2006  06/25/2006   
Explanation for any delay: Additional coordination necessary
Federal Register Citation for NPRM: None


Federal Aviation Administration
18. 
Experimental Permit for Suborbital Reusable Launch Vehicles Red
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  11/08/2005  11/10/2005 
To OMB 09/06/2005  01/12/2006   
OMB Clearance 12/06/2005  04/12/2006   
Publication Date 12/22/2005  04/19/2006   
End of Comment Period 02/22/2006  06/26/2006   
Explanation for any delay: Additional coordination necessary
Federal Register Citation for NPRM: None


Federal Aviation Administration
19. 
Human Space Flight Requirements for 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    07/28/2005 
To OMB 09/02/2005  10/17/2005  09/26/2005 
OMB Clearance 12/02/2005  01/17/2006   
Publication Date 12/21/2005  01/31/2006   
End of Comment Period 02/21/2006  03/31/2006   
Explanation for any delay: N/A
Federal Register Citation for NPRM: None


Federal Aviation Administration
20. 
Special Training Required For Pilots Who Fly Under Visual Flight Rules And Are Within 100 NM of the Washington, DC Air Defense Identification Zone (DC ADIZ) Green
Popular Title: Special Training for DC ADIZ
RIN 2120-AI63
Stage: Interim Final Rule
Previous Stage:None
Abstract: This rule will establish training requirements for any pilot who flies under visual flight rules (VFR) within 100 nautical miles (nm) of the Washington, DC, VOR omni-directional range/distance measuring equipment (DCA VOR/DME). The training primarily focuses on the procedures for flying in and around the Washington, DC, ADIZ and the Washington, DC, flight Restricted Zone (DC FRZ). Pilots will be required to carry a certificate of training completion when flying under VFR within 100 nautical miles of the DCA VOR/DME.
Effects:
  None
Prompting action: None
Legal Deadline:  None
Rulemaking Project Initiated: 08/10/2005
Dates for Interim Final Rule:
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 09/14/2005  10/03/2005  09/30/2005 
To OMB 10/14/2005  11/03/2005   
OMB Clearance 01/16/2006  02/03/2005   
Publication Date 01/23/2006  02/17/2005   
Explanation for any delay: N/A
Federal Register Citation for Interim Final Rule: None


Federal Aviation Administration
21. 
Security Related Considerations in the Design and Operation of Transport Category Airplanes Green
Popular Title: Security Considerations
RIN 2120-AI66
Stage: NPRM
Previous Stage:None
Abstract: This rulemaking would implement certain security related requirements governing the design of transport category airplanes. The requirements would provide improved airplane design features and greater protection of the cabin, flightdeck, and cargo compartments from the detonation of explosive or incendiary devices, penetration by projectiles, and intrusion by unauthorized persons. The FAA would also require operators to establish a "least risk bomb location" on all affected airplanes and to incorporate certain information into relevant operator's manuals. This rule would adopt several International Civil Aviation Organization standards and harmonize FAA and international regulations.
Effects:
  None
Prompting action: None
Legal Deadline:  None
Rulemaking Project Initiated: 06/04/2001
Dates for NPRM:
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 01/03/2006  02/27/2006   
To OMB 02/06/2006  04/04/2006   
OMB Clearance 05/08/2006  07/04/2006   
Publication Date 05/30/2006  07/18/2006   
End of Comment Period 08/30/2006  09/18/2006   
Explanation for any delay: N/A
Federal Register Citation for NPRM: None


Federal Highway Administration

Federal Highway Administration
22. 
National Standards for Traffic Control Devices; the Manual on Uniform Traffic Control Devices for Streets and Highways; Maintaining Traffic Sign Retroreflectivity 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    08/22/2005 
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 Highway Administration
23. 
Express Lane Demonstration Project Red
Popular Title: Tolling
RIN 2125-AF07
Stage: NPRM
Previous Stage:None
Abstract: Pursuant to SAFETEA-LU, this rulemaking would establish requirements, standards, or performance specifications for automated toll collection systems implemented under the Express Lanes Demonstration Project.
Effects:
  None
Prompting action: Statute
Legal Deadline:  Complete rulemaking : 02/06/2006
Rulemaking Project Initiated: 08/10/2005
Dates for NPRM:
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 01/31/2006     
To OMB 03/02/2006     
OMB Clearance 06/02/2006     
Publication Date 06/09/2006     
End of Comment Period 08/09/2006     
Explanation for any delay: Additional coordination necessary
Federal Register Citation for NPRM: None


Federal Highway Administration
24. 
Projects of National and Regional Significance Green
Popular Title: PNRS
RIN 2125-AF08
Stage: NPRM
Previous Stage:None
Abstract: This rulemaking would, pursuant to SAFETEA-LU, establish the manner in which the Secretary will evaluate and rate the transportation infrastructure projects based on the results of preliminary engineering, project justification, and the degree of non-Federal financial commitment.
Effects:
  None
Prompting action: Statute
Legal Deadline:  None
Rulemaking Project Initiated: 08/10/2005
Dates for NPRM:
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 01/13/2006     
To OMB 02/13/2006     
OMB Clearance 05/15/2006     
Publication Date 05/25/2006     
End of Comment Period 07/25/2006     
Explanation for any delay: N/A
Federal Register Citation for NPRM: None


Federal Highway Administration
25. 
Metropolitan Transportation Planning Red
Popular Title: Planning
RIN 2125-AF09
Stage: NPRM
Previous Stage:None
Abstract: This rulemaking would, pursuant to SAFETEA-LU, set standards for the annual listing of projects for which Federal funds have been obligated in the preceeding year and to specify the types of data to be included in such list, including sufficient information about each project to identify its type, location, and amount obligated.
Effects:
  None
Prompting action: Statute
Legal Deadline:  Final Rule : 02/06/2006
Rulemaking Project Initiated: 08/10/2005
Dates for NPRM:
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 01/05/2006     
To OMB 01/25/2006     
OMB Clearance 03/24/2006     
Publication Date 04/06/2006     
End of Comment Period 07/05/2006     
Explanation for any delay: Awaiting development of additional data
Federal Register Citation for NPRM: None


Federal Highway Administration
26. 
Design-Build Contracting Red
Popular Title: Design-Build
RIN 2125-AF12
Stage: NPRM
Previous Stage:None
Abstract: Pursuant to SAFETEA-LU, this rulemaking would eliminate the prohibition on States issuing requests for proposals, proceeding with awards of design-build contracts, or issuing notices to proceed with preliminary design work under design-build contracts prior to compliance with section 102 of the National Environmental Policy Act of 1969 (NEPA) and requiring State Departments of Transportation or local transportation agencies to receive approval from the Secretary of Transportation before carrying out such activity. This rulemaking would also preclude a design-build contractor from proceeding with final design or construction of any permanent improvement prior to completion of the section 102 NEPA process.
Effects:
  None
Prompting action: Statute
Legal Deadline:  Complete rulemaking by : 11/08/2005
Rulemaking Project Initiated: 08/10/2005
Dates for NPRM:
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 01/17/2006     
To OMB 02/17/2006     
OMB Clearance 05/17/2006     
Publication Date 05/31/2006     
End of Comment Period 07/31/2006     
Explanation for any delay: Additional coordination necessary
Federal Register Citation for NPRM: None


Federal Highway Administration
27. 
Surface Transportation Project Delivery Pilot Program Green
Popular Title: Project Pilot Program
RIN 2125-AF13
Stage: NPRM
Previous Stage:None
Abstract: This rulemaking would establish requirements relating to information required to be contained in any application of a State to participate in the Surface Transportation Project Delivery Pilot Program.
Effects:
  None
Prompting action: Statute
Legal Deadline:  Complete rulemaking by : 05/08/2006
Rulemaking Project Initiated: 08/10/2005
Dates for NPRM:
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 10/18/2005    10/25/2005 
Returned to Mode     11/07/2005 
Resubmitted to OST   11/21/2005  11/21/2005 
To OMB 11/01/2005  12/15/2005   
OMB Clearance 11/22/2005  03/15/2005   
Publication Date 11/28/2005  03/18/2005   
End of Comment Period 01/26/2006  05/18/2006   
Explanation for any delay: N/A
Federal Register Citation for NPRM: None


Federal Highway Administration
28. 
Parks, Recreation Areas, Wildlife and Waterfowl Refuges, and Historical Sites Green
Popular Title: Parks
RIN 2125-AF14
Stage: NPRM
Previous Stage:None
Abstract: This rulemaking would clarify the factors to be considered and the standards to be applied in determining the prudence and feasability of alternatives under section 4(f) (138 of title 23, U.S. Code, and section 303 of title 49, U.S. Code). Section 4(f) properties include certain parks, recreation areas, wildlife and waterfowl refuges, and historic sites described in section 4(f) of the Department of Transportation Act of 1966 (P.L. 89-670). Section 4(f) generally prohibits the use of such properties for transportation projects unless the Secretary of Transportation finds there is no feasible and prudent alternative and all possible planning to minimize the harm is undertaken.
Effects:
  None
Prompting action: Statute
Legal Deadline:  Final rule by : 08/10/2006
Rulemaking Project Initiated: 08/10/2005
Dates for NPRM:
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 11/21/2005     
To OMB 12/16/2005     
OMB Clearance 01/16/2006     
Publication Date 01/25/2006     
End of Comment Period 03/27/2006     
Explanation for any delay: N/A
Federal Register Citation for NPRM: None


Federal Motor Carrier Safety Administration

Federal Motor Carrier Safety Administration
29. 
Commercial Learner Permits Red
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 August 15, 2005.
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    10/03/2005 
Publication Approved 12/14/2005     
Publication Date 12/30/2005     
Explanation for any delay: Unanticipated issues requiring further analysis
Additional coordination necessary
Federal Register Citation for Withdrawal: None


Federal Motor Carrier Safety Administration
30. 
Medical Certification Requirements as Part of the CDL Red
Popular Title: Medical CDL
RIN 2126-AA10
Stage: NPRM
Previous Stage: ANPRM: Publication Date 7/15/94; End of Comment Period 11/14/94.
Abstract: This rulemaking would provide for a Federal medical certification as part of the commercial driver's license (CDL) program, as required by 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  01/12/2006   
To OMB 11/01/2002  02/13/2006   
OMB Clearance 02/01/2003  05/15/2006   
Publication Date 02/15/2003  05/31/2006   
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
31. 
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 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
32. 
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 is considering 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
33. 
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
34. 
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
35. 
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. This rule is required by Motor Carrier Safety Improvement Act of 1999.
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  09/09/2005  09/12/2005 
Returned to Mode     09/27/2005 
Resubmitted to OST   12/05/2005   
To OMB 09/17/2004  12/12/2005   
OMB Clearance 12/17/2004  03/13/2006   
Publication Date 12/31/2004  03/20/2006   
End of Comment Period 02/28/2005  05/22/2006   
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
36. 
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
37. 
Limitations on the Issuance of Commercial Driver Licenses with a Hazardous Materials Endorsement Green
Popular Title: USA PATRIOT Act Rule
RIN 2126-AA70
Stage: Interim Final Rule/4
Previous Stage: Interim Final Rule: Publication Date 05/05/2003; End of Comment Period 07/07/2003. IFR Delay of Compliance Date: Publication Date 11/07/2003; End of Comment Period 01/06/2004. IFR Delay of Compliance Date: Publication Date 08/19/2004; Interim Final Rule/3: Publication Date 08/19/2004.
Abstract: This rulemaking would prohibit States from issuing, renewing, transferring or upgrading a commercial driver's license (CDL) with a hazardous materials endorsement, unless the Transportation Security Administration (TSA) has first conducted a background check on the applicant and determined the applicant does not pose a security risk warranting denial of the hazardous materials endorsement. FMCSA and TSA simultaneously published interim final rules. FMCSA has published another IFR corresponding to TSA's extension of compliance date. This action is considered significant because of substantial public and congressional interest, and national security.
Effects:
  None
Prompting action: Statute
Legal Deadline:  None
Rulemaking Project Initiated: 10/26/2001
Dates for Interim Final Rule/4:
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 03/22/2005    03/21/2005 
Publication Approved 05/26/2005    04/25/2005 
Publication Date 05/31/2005    04/29/2005 
Explanation for any delay: N/A
Federal Register Citation for Interim Final Rule/4: 70 FR 22268


Federal Motor Carrier Safety Administration
38. 
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. This rulemaking is being redrafted to reflect changes made by recent reauthorization legislation. A revised schedule is under development. 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
39. 
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  12/30/2005   
To OMB 01/11/2006  01/30/2006   
OMB Clearance 04/11/2006  05/01/2006   
Publication Date 04/30/2006  05/08/2006   
Explanation for any delay: Unanticipated issues requiring further analysis
Federal Register Citation for Final Rule: None


Federal Motor Carrier Safety Administration
40. 
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
41. 
Qualifications of Motor Carriers To Self-Insure Their Operations and Fees To Support the Approval and Compliance Process; Withdrawal Red
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 Approved   09/15/2005  09/27/2005 
Publication Date 06/30/2005  09/30/2005  10/20/2005 
Explanation for any delay: Additional coordination necessary
Federal Register Citation for Withdrawal: 70 CFR 61111


Federal Motor Carrier Safety Administration
42. 
Brokers of Household Goods Transportation by Motor Vehicle Red
Popular Title: Household Goods Brokers
RIN 2126-AA84
Stage: NPRM
Previous Stage: ANPRM: Publication Date 12/22/04; 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  03/02/2006   
To OMB 10/06/2005  04/03/2006   
OMB Clearance 12/16/2005  07/03/2006   
Publication Date 12/30/2005  07/14/2006   
End of Comment Period 02/28/2006  09/14/2006   
Explanation for any delay: Unanticipated impacts requiring further analysis
Federal Register Citation for NPRM: None


Federal Motor Carrier Safety Administration
43. 
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. This rulemaking is being redrafted to reflect changes made by recent reauthorization legislation. A revised schedule is under development.
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  01/23/2006   
To OMB 10/15/2004  02/23/2006   
OMB Clearance 01/15/2005  05/25/2006   
Publication Date 01/31/2005  06/01/2006   
End of Comment Period 03/30/2005  08/01/2006   
Explanation for any delay: Awaiting outcome of pending legislation
Federal Register Citation for NPRM: None


Federal Motor Carrier Safety Administration
44. 
Electronic On-Board Recorders for Hours-of-Service Compliance Green
Popular Title: Electronic On-Board Recorders
RIN 2126-AA89
Stage: NPRM
Previous Stage: ANPRM: Publication Date 9/01/2004; End of Comment Period 11/30/2004.
Abstract: This rulemaking would amend FMCSA regulations concerning the use of electronic on-board recording devices as a way to document compliance with the Federal hours-of-service rules. The agency is seeking information on issues to be considered in the development of improved performance specifications for these recording devices. This will help ensure that future requirements for the use of on-board recorders are appropriate when applied to emerging technologies. This action is considered significant because of substantial industry and public interest and its importance in responding to a recent court decision.
Effects:
  Economically Significant
Major
Unfunded Mandate
Prompting action: Court Action
Legal Deadline:  None
Rulemaking Project Initiated: 08/09/2004
Dates for NPRM:
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 10/10/2005  12/06/2005   
To OMB 11/09/2005  01/06/2006   
OMB Clearance 02/07/2006  04/07/2006   
Publication Date 02/17/2006  04/14/2006   
End of Comment Period 03/20/2006  07/14/2006   
Explanation for any delay: Additional coordination necessary
Federal Register Citation for NPRM: None


Federal Motor Carrier Safety Administration
45. 
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  08/01/2005  08/22/2005 
OMB Clearance 10/31/2005  11/01/2005  09/29/2005 
Publication Date 11/10/2005  11/15/2005  10/07/2005 
End of Comment Period 01/09/2006  01/15/2006  12/06/2005 
Explanation for any delay: N/A
Federal Register Citation for NPRM: 70 FR 58657


Federal Motor Carrier Safety Administration
46. 
Motor Carriers of Property; Exemption From Filing Financial and Operating Statistics Yellow
Popular Title: Exemption From Reporting Statistics
RIN 2126-AA93
Stage: NPRM
Previous Stage:None
Abstract: This rulemaking would respond to a petition from the Truckload Carriers Association (TCA) requesting the Department of Transportation (DOT) to eliminate financial reporting requirements (under 49 U.S.C. 14123 and 49 CFR 1420) for all affected motor carriers of property (approximately 3,000 carriers) by exercising the DOT Secretary's blanket exemption authority under 49 U.S.C. 13541. This rulemaking was downgraded to nonsignificant on 11/3/2005 and will not appear in next month's report.
Effects:
  None
Prompting action: None
Legal Deadline:  None
Rulemaking Project Initiated: 07/11/2005
Dates for NPRM:
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 07/25/2005    07/28/2005 
OMB Clearance 11/25/2005  12/17/2005   
Publication Date 12/05/2005  01/05/2006   
End of Comment Period 02/06/2006  03/05/2006   
Explanation for any delay: N/A
Federal Register Citation for NPRM: None


Federal Motor Carrier Safety Administration
47. 
Revocation of Operating Authority Green
Popular Title: Revocation of Operating Authority
RIN 2126-AA99
Stage: NPRM
Previous Stage:None
Abstract: This rulemaking would enable FMCSA to suspend the registration of a for-hire motor carrier, a freight forwarder, or a broker for failure to comply with certain regulations. In addition, this rule would enable FMCSA to revoke registration of a for-hire motor carrier that has been prohibited from operating in interstate commerce for failure to comply with the safety fitness requirements.
Effects:
  Regulatory Flexibility Act
Prompting action: Statute
Legal Deadline:  None
Rulemaking Project Initiated: 08/10/2005
Dates for NPRM:
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 09/29/2006     
To OMB 10/30/2006     
OMB Clearance 01/31/2007     
Publication Date 02/09/2007     
End of Comment Period 04/10/2007     
Explanation for any delay: N/A
Federal Register Citation for NPRM: None


Federal Railroad Administration

Federal Railroad Administration
48. 
Standards for Development and Use of Processor-Based Signal and Train Control Systems Red
Popular Title: Positive Train Control
RIN 2130-AA94
Stage: Interim Final Rule
Previous Stage: NPRM: Publication Date 08/10/2001; End of Comment Period 11/08/2001. Final Rule: Publication Date 03/07/2005.
Abstract: This rule governs the development, testing and approval of Micro-processor Based Signal and Train Control Systems, and addresses technical standards for all processor-based signal and train control products, amending 49 CFR Part 236. In this correction action, FRA is amending language in FRA's Standards for Development and Use of Processor-Based Signal And Train Control Systems final rule (PTC Rule), which was published on March 7, 2005. 70 FR 11051, to clarify language regarding the applicability of the PTC rule to highway-rail grade crossing systems (HGCS). FRA wants to ensure that the PTC rule language conforms with FRA's initial intent to subject a limited number of HGCS to the requirements of the rule.
Effects:
  Regulatory Flexibility Act
Negotiated Rulemaking
Prompting action: Statute
Legal Deadline:  None
Rulemaking Project Initiated: 11/28/1995
Dates for Interim Final Rule:
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST      
To OMB      
OMB Clearance      
Publication Date 12/06/2005     
End of Comment Period      
Explanation for any delay: N/A
Federal Register Citation for Interim Final Rule: None


Federal Railroad Administration
49. 
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 will address the crashworthiness of locomotives pursuant to the Rail Safety Enforcement and Review Act of (1992). FRA investigated locomotive crashworthiness, as well as a variety of locomotive working conditions (See RIN 2130-AA89) and reported its finding to Congress. This rulemaking will establish comprehensive, minimum standards for locomotive crashworthiness. Locomotive crashworthiness protection is necessary because locomotive collisions can result in crew injuries and fatalities. These performance standards are intended to help protect locomotive cab occupants in the event of a locomotive collision. Examples of locomotive collision scenarios considered include collisions with another locomotive, the rear of another train, a piece of on-track equipment, a shifted load on a freight car on an adjacent parallel track, or a highway vehicle at a rail-highway grade crossing. These crashworthiness standards must be met by demonstrating compliance with either the rule's performance standards or a FRA-approved design standard.
Effects:
  Regulatory Flexibility Act
Negotiated Rulemaking
Prompting action: Statute
Legal Deadline:  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    11/28/2005 
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
50. 
Occupational Noise Exposure for Railroad Operating Employees Red
Popular Title: Occupational Noise
RIN 2130-AB56
Stage: Final Rule
Previous Stage: NPRM: Publication Date 06/23/2004; End of Comment Period 09/21/2004.
Abstract: This rulemaking 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  12/01/2005   
To OMB 11/03/2005  01/03/2006   
OMB Clearance 02/03/2006  04/03/2006   
Publication Date 02/17/2006  04/17/2006   
Explanation for any delay: Other, higher priorities
Federal Register Citation for Final Rule: None


Federal Railroad Administration
51. 
Passenger Train Emergency Systems Green
Popular Title: Passenger Train Emergency Systems
RIN 2130-AB72
Stage: NPRM
Previous Stage:None
Abstract: This rulemaking would promote the safety of passengers and crew members in passenger train emergencies by enhancing FRA's regulations for passenger train emergency systems. The rulemaking will address passenger train emergency communication systems (public address and intercom systems), emergency evacuation systems (doors, emergency window exits, rescue access windows, and emergency roof access locations), and emergency lighting, marking, and signage systems.
Effects:
  None
Prompting action: None
Legal Deadline:  None
Rulemaking Project Initiated: 08/26/2005
Dates for NPRM:
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 03/02/2006     
To OMB 04/06/2006     
OMB Clearance 07/06/2006     
Publication Date 07/20/2006     
End of Comment Period 09/20/2006     
Explanation for any delay: N/A
Federal Register Citation for NPRM: None


Federal Transit Administration

Federal Transit Administration
52. 
Major Capital Investment Projects - New/Small Starts Red
Popular Title: New/Small Starts
RIN 2132-AA81
Stage: ANPRM
Previous Stage:None
Abstract: This rulemaking would establish a simplified evaulation process for projects seeking less than $75 million in New Starts funds. The rule will set out FTA's evaluation and rating process for proposed projects based on the results of project justification and local financial commitment. This action is mandated by SAFETEA-LU.
Effects:
  Regulatory Flexibility Act
Prompting action: Statute
Legal Deadline:  Final rule by : 04/07/2006
Rulemaking Project Initiated: 08/10/2005
Dates for ANPRM:
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 11/01/2005    11/23/2005 
To OMB 12/08/2005  12/23/2005   
OMB Clearance 12/19/2005  01/02/2006   
Publication Date 12/27/2005  01/13/2006   
End of Comment Period 01/27/2006  02/13/2006   
Explanation for any delay: Additional coordination necessary
Federal Register Citation for ANPRM: None


Federal Transit Administration
53. 
Metropolitan and Statewide Transportation Planning Red
Popular Title: Metropolitan Planning SAFETEA-LU
RIN 2132-AA82
Stage: NPRM
Previous Stage:None
Abstract: Pursuant to SAFETEA-LU, this rulemaking set standards for the annual listing of projects for which Federal funds have been obligated in the preceeding year and to specify the types of data to be included in such list, including sufficient information about each project to identify its type, location, and amount obligated
Effects:
  None
Prompting action: Statute
Legal Deadline:  Final Rule by : 02/06/2006
Rulemaking Project Initiated: 08/10/2005
Dates for NPRM:
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 01/05/2006     
To OMB 01/25/2006     
OMB Clearance 03/24/2006     
Publication Date 04/06/2006     
End of Comment Period 07/05/2006     
Explanation for any delay: Awaiting development of additional data
Federal Register Citation for NPRM: None


Federal Transit Administration
54. 
Protection of Parks, Wildlife and Waterfowl Refuges, and Historical Sites Black
Popular Title: Parks
RIN 2132-AA83
Stage: Undetermined
Previous Stage:None
Abstract: This rulemaking would clarify the factors to be considered and the standards to be applied in determining the prudence and feasability of alternatives under section 4(f) (138 of title 23, U.S. Code, and section 303 of title 49, U.S. Code). Section 4(f) properties include certain parks, recreation areas, wildlife and waterfowl refuges, and historic sites described in section 4(f) of the Department of Transportation Act of 1966 (P.L. 89-670). Section 4(f) generally prohibits the use of such properties for transportation projects unless the Secretary of Transportation finds there is no feasible and prudent alternative and all possible planning to minimize the harm is undertaken.
Effects:
  None
Prompting action: Statute
Legal Deadline:  Final Rule by : 08/10/2006
Rulemaking Project Initiated: 08/10/2005
Dates for 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 Transit Administration
55. 
Public Transportation Security Grants--SAFETEA-LU Red
Popular Title: Security Grants
RIN 2132-AA84
Stage: NPRM
Previous Stage:None
Abstract: This rulemaking would establish a security grant program for public transportation systems. The rule will address funding priorities, eligible activities, methods for awarding grants, and limitations on administrative expenses.
Effects:
  None
Prompting action: Statute
Legal Deadline:  Final Rule by : 02/06/2006
Rulemaking Project Initiated: 08/10/2005
Dates for NPRM:
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 11/07/2005  01/06/2006   
To OMB 11/15/2005  01/16/2006   
OMB Clearance 01/30/2006  03/31/2006   
Publication Date 02/06/2006  04/06/2006   
End of Comment Period 04/06/2006  06/06/2006   
Explanation for any delay: Additional coordination necessary
Federal Register Citation for NPRM: None


Federal Transit Administration
56. 
Charter Bus Operations Green
Popular Title: Charter Bus
RIN 2132-AA85
Stage: NPRM
Previous Stage:None
Abstract: This rulemaking would implement SAFETEA-LU requirements and statements in the Conference Report for SAFETEA-LU that FTA conduct a negotiated rulemaking on: (1) potential limited conditions under which public transit agencies can provide community-based charter services directly to local governments and private non-profit agencies that would not otherwise be served in a cost-effective manner by private operators; (2) how the administration and enforcement of charter bus provisions can be better communicated to the public, including use of internet technology; (3) improvement of the enforcement of violations of the charter bus regulations; (4) improvement of the charter complaint and administrative appeals process; (5) a potential new exception for emergency services such as evacuation and training for emergencies; (6) a new process for determining if there are private charter bus companies willing and able to provide service that would utilize electronic notification and response within 72 hours; (7) a new exception for transportation of government employees, elected officials, and members of the transit industry to examine local transit operations, facilities, and public works; and (8) any other charter service issues the negotiated rulemaking committee decides to explore.
Effects:
  Regulatory Flexibility Act
Negotiated Rulemaking
Prompting action: Statute
Legal Deadline:  None
Rulemaking Project Initiated: 08/10/2005
Dates for NPRM:
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 08/31/2006     
To OMB 09/29/2006     
OMB Clearance 12/29/2006     
Publication Date 01/05/2007     
End of Comment Period 02/28/2007     
Explanation for any delay: N/A
Federal Register Citation for NPRM: None


National Highway Traffic Safety Administration

National Highway Traffic Safety Administration
57. 
Rear Convex Cross-View Mirrors Green
Popular Title: Convex Mirrors
RIN 2127-AG41
Stage: Final Rule
Previous Stage: NPRM: Publication Date 09/12/2005; End of Comment Period 11/14/2005.
Abstract: This rulemaking would upgrade the rearward visibility of commercial straight trucks. The agency believes that requiring a rear detection system will reduce fatalities, injuries, and property damage by giving truck operators the ability to detect objects behind the truck. 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 Final Rule:
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 07/10/2006     
To OMB 08/25/2006     
OMB Clearance 11/24/2006     
Publication Date 11/30/2006     
Explanation for any delay: N/A
Federal Register Citation for Final Rule: None


National Highway Traffic Safety Administration
58. 
Roof Crush Resistance Green
Popular Title: Roof Crush Resistance
RIN 2127-AG51
Stage: Final Rule
Previous Stage: Request for Comments: Publication Date 10/22/01; End of Comment Period 12/06/01.
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: Statute
Legal Deadline:  Publish by : 07/01/2008
Rulemaking Project Initiated: 07/13/1996
Dates for Final Rule:
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 03/30/2007     
To OMB 05/18/2007     
OMB Clearance 08/20/2007     
Publication Date 08/31/2007     
Explanation for any delay: N/A
Federal Register Citation for Final Rule: None


National Highway Traffic Safety Administration
59. 
Upgrade Door Retention Performance Red
Popular Title: Retention Performance
RIN 2127-AH34
Stage: Final Rule
Previous Stage: NPRM: Publication Date 12/15/2004; End of Comment Period 02/14/2005.
Abstract: As part of the agency's comprehensive approach to rollover, and to harmonize with the first global technical regulation, this rulemaking would upgrade the door retention requirements, add test requirements for sliding doors, add secondary latch requirements for doors other than hinged side doors and back doors, and provide a new test procedure for assessing inertial forces. This rulemaking would also respond to the requirements mandated in Title X, Subtitle C, Sec. 10301, ยง 30128 (c) (2) of the Safe, Accountable, Flexible, and Efficient Transportation Equity Act of 2005: Legacy for Users (SAFETEA-LU).
Effects:
  None
Prompting action: Statute
Legal Deadline:  Publish by : 02/01/2008
Rulemaking Project Initiated: 07/07/1998
Dates for Final Rule:
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 08/31/2005  02/01/2006   
To OMB 10/14/2005  03/24/2006   
OMB Clearance 01/13/2006  06/26/2006   
Publication Date 01/16/2006  07/03/2006   
Explanation for any delay: Additional coordination necessary
Federal Register Citation for Final Rule: None


National Highway Traffic Safety Administration
60. 
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  10/12/2005   
OMB Clearance 07/21/2005  01/13/2006   
Publication Date 07/28/2005  01/20/2006   
Explanation for any delay: Additional coordination necessary
Federal Register Citation for Final Rule: None


National Highway Traffic Safety Administration
61. 
5th Percentile Dummy Belted Barrier Crash Test Requirements -- Standard 208 Red
Popular Title: 5th Percentile Dummy Belted Barrier
RIN 2127-AI98
Stage: Final Rule
Previous Stage: NPRM: Publication Date 08/06/03; End of Comment Period 10/05/03.
Abstract: This rulemaking would amend NHTSA's occupant protection standard, FMVSS No. 208, to improve high speed crash protection to belted occupants of small stature who may sit in the full forward seat position. Current crash test requirements for the 5th percentile adult female dummy include a 0-48 km/h belted rigid barrier crash test. The agency is considering increasing the maximum crash test speed from 48 km/h to 56 km/h to be consistent with the 50th percentile adult male requirements that will take effect according to the second phase of the FMVSS No. 208 Advanced Air Bag Final Rule (65 FR 30680).
Effects:
  None
Prompting action: None
Legal Deadline:  None
Rulemaking Project Initiated: 12/16/2002
Dates for Final Rule:
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 08/05/2005  08/31/2005  08/31/2005 
To OMB 09/06/2005  12/15/2005   
OMB Clearance 12/06/2005  03/15/2006   
Publication Date 12/13/2005  03/20/2006   
Explanation for any delay: Additional coordination necessary
Federal Register Citation for Final Rule: None


National Highway Traffic Safety Administration
62. 
Side Impact Protection Upgrade - FMVSS No. 214 Yellow
Popular Title: Side Impact Protection Upgrade
RIN 2127-AJ10
Stage: Final Rule
Previous Stage: NPRM: Publication Date 5/17/2004; End of Comment Period 10/14/2004; Reopening of Comment Period 1/2005; End of Reopened Comment Period 4/12/2005.
Abstract: Two Federal motor vehicle safety standards (FMVSS) -- No. 201, "Occupant Protection in Interior Impact" and No. 214, "Side Impact Protection" -- specify requirements for side impact protection. At present, FMVSS No. 214 specifies a moving deformable barrier (MDB) test addressing mainly the chest injury problem. The head injury reduction is partially addressed in FMVSS No. 201. This rulemaking would require in FMVSS No. 214 a vehicle-to-pole oblique impact test to reduce the number of fatal and serious head injuries, which are not addressed in FMVSS No. 201.
Effects:
  Economically Significant
Major
Unfunded Mandate
Regulatory Flexibility Act
Prompting action: Statute
Legal Deadline:  Publish by : 07/01/2008
Rulemaking Project Initiated: 05/05/2003
Dates for Final Rule:
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 10/13/2005  12/02/2005   
To OMB 11/25/2005  01/20/2006   
OMB Clearance 02/21/2006  04/21/2006   
Publication Date 02/28/2006  04/28/2006   
Explanation for any delay: Additional coordination necessary
Federal Register Citation for Final Rule: None


National Highway Traffic Safety Administration
63. 
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. This action is being addressed via rulemaking 2127-AJ61.
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: N/A
Federal Register Citation for Undetermined: None


National Highway Traffic Safety Administration
64. 
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: This rulemaking would reduce stopping distance requirements for truck tractors equipped with air brake systems. Advances in heavy vehicle braking systems show that improved stopping performance is attainable for these vehicles. Such improvements would reduce the stopping distance disparity with light vehicles, and would result in fewer deaths and injuries and reduce property damage due to fewer crashes between truck tractors and light vehicles.
Effects:
  None
Prompting action: None
Legal Deadline:  None
Rulemaking Project Initiated: 04/02/2004
Dates for 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  08/30/2005  09/06/2005 
OMB Clearance 08/08/2005  11/30/2005   
Publication Date 08/15/2005  12/05/2005   
End of Comment Period 10/14/2005  02/06/2006   
Explanation for any delay: Additional coordination necessary
Federal Register Citation for NPRM: None


National Highway Traffic Safety Administration
65. 
Light Truck Average Fuel Economy Standards, Model Year 2008 and possibly beyond Green
Popular Title: Light Truck Average Fuel Economy
RIN 2127-AJ61
Stage: Final Rule
Previous Stage: NPRM: Publication Date 08/30/2005; End of Comment Period 11/22/2005.
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 Final Rule:
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 01/20/2006     
To OMB 02/15/2006     
OMB Clearance 03/30/2006     
Publication Date 04/01/2006     
Explanation for any delay: N/A
Federal Register Citation for Final Rule: None


National Highway Traffic Safety Administration
66. 
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. This rulemaking has been downgraded to nonsignificant under EO 12866, and therefore will not appear on the next monthly report.
Effects:
  None
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  10/31/2005  10/31/2005 
To OMB 10/21/2005  12/12/2005   
OMB Clearance 01/20/2006  03/13/2006   
Publication Date 01/31/2006  03/17/2006   
Explanation for any delay: Additional coordination necessary
Federal Register Citation for Reconsideration of Final Rule: None


Office of the Secretary

Office of the Secretary
67. 
Accessibility of Passenger Vessels to Individuals with Disabilities Green
Popular Title: Accessibility-passenger vessels
RIN 2105-AB87
Stage: NPRM
Previous Stage: ANPRM: Publication Date 11/29/2004;End of Comment Period 03/28/2005;Publication Date for Extension of Comment Period 03/28/2005;End of Extended Comment Period 07/28/2005.
Abstract: The Department's Americans with Disabilities Act (ADA) final rule, published September 6, 1991, reserved portions of the rule concerning passenger vessels. The ADA covers passenger vessels, but issuing accessibility requirements for vessels involves complex issues unlike those affecting land transportation. This rulemaking would address these issues and propose feasible requirements to make passenger vessels accessible to, and usable by, individuals with disabilities. Timing of this rulemaking is dependent on action by the Architectural and Transportation Barriers Compliance Board (Access Board) to adopt accessibility guidelines for passenger vessels.
Effects:
  None
Prompting action: Statute
Legal Deadline:  None
Rulemaking Project Initiated: 07/26/1990
Dates for NPRM:
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 04/15/2006     
To OMB 06/01/2006     
OMB Clearance 09/01/2006     
Publication Date 09/17/2006     
End of Comment Period 12/17/2006     
Explanation for any delay: N/A
Federal Register Citation for NPRM: None


Office of the Secretary
68. 
Use of Oxygen by Air Carrier Passengers Green
Popular Title: Oxygen by Air Carrier Passengers
RIN 2105-AC29
Stage: NPRM
Previous Stage:None
Abstract: This rulemaking would address the carriage and use of medical oxygen devices by passengers aboard commercial aircraft. The rule will address the carriage and use of electronic medical oxygen equipment that does not contain hazardous material and it will cover other types of passenger owned oxygen delivery systems in accordance with FAA standards.
Effects:
  None
Prompting action: None
Legal Deadline:  :
Rulemaking Project Initiated: 07/01/2004
Dates for NPRM:
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST     05/20/2005 
Publication Date     09/06/2005 
End of Comment Period     11/07/2005 
Explanation for any delay: N/A
Federal Register Citation for NPRM: 70 FR 53108


Office of the Secretary
69. 
Fees and Charges for Special Services Green
Popular Title: Fees for Special Services
RIN 2105-AC47
Stage: Withdrawal
Previous Stage: NPRM: Publication Date 01/21/1999; End of Comment Period 03/02/1999.
Abstract: This rulemaking would have revised 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 would have removed or updated obsolete provisions and organizational references included in the existing regulations. This rulemaking was withdrawn because the Department believes the cost studies used to develop its proposed fees are no longer timely.
Effects:
  None
Prompting action: None
Legal Deadline:  None
Rulemaking Project Initiated: 09/02/1998
Dates for Withdrawal:
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 09/02/2005    09/02/2005 
Publication Approved 10/14/2005  11/22/2005  11/01/2005 
Publication Date 10/31/2005  11/30/2005  11/10/2005 
Explanation for any delay: N/A
Federal Register Citation for Withdrawal: 70 FR 68388


Office of the Secretary
70. 
Aviation Data Requirements Review and Modernization Program Black
Popular Title: Aviation Data
RIN 2105-AC71
Stage: Undetermined
Previous Stage: ANPRM: Publication Date 07/15/1998; End of Comment Period 09/14/1998; End of Reply Comment Period 10/13/1998. NPRM: Publication Date 02/17/2005;End of Comment Period 04/18/2005;Extension of Comment Period Publication Date 07/18/2005; End of Extended Comment Period 9/18/2005.
Abstract: This rulemaking requested public comments from reporting carriers and aviation data users on the nature, scope, source, and means for collecting, processing, and distributing airline traffic, fare, and financial data. Specifically, it invited comments on whether existing airline traffic, fare, and financial data should be amended, supplemented, or replaced; whether selected forms and reports should be retained, modified, or eliminated; whether the Department should require all aviation data to be filed electronically; and how the aviation data system should be reengineered to enhance efficiency and to reduce costs for both the Department and the airline industry.
Effects:
  None
Prompting action: None
Legal Deadline:  None
Rulemaking Project Initiated: 04/15/1998
Dates for Undetermined:
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST      
To OMB      
OMB Clearance      
Publication Date      
End of Comment Period      
Explanation for any delay: N/A
Federal Register Citation for Undetermined: None


Office of the Secretary
71. 
Nondiscrimination on the Basis of Disability in Air Travel Green
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 has been upgraded to significant.
Effects:
  None
Prompting action: Statute
Legal Deadline:  None
Rulemaking Project Initiated: 04/05/2000
Dates for Final Rule:
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 05/01/2006     
To OMB 06/15/2006     
OMB Clearance 09/15/2006     
Publication Date 10/07/2006     
Explanation for any delay: N/A
Federal Register Citation for Final Rule: None


Office of the Secretary
72. 
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 policies that may be used during initial and continuing fitness reviews of U.S. carriers when citizenship is at issue. It would add a new section to 14 CFR Part 399 that clarifies how the Department will interpret actual control of a U.S. air carrier during fitness reviews. It would also affect how we interpret the circumstances influencing a determination of actual control, allowing easier access to international capital markets. The rulemaking would also make minor amendments to 14 CFR Part 204 to update existing language in Part 204.
Effects:
  None
Prompting action: None
Legal Deadline:  None
Rulemaking Project Initiated: 02/13/2003
Dates for 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 
Resubmitted to OST/2   09/19/2005  09/30/2005 
Resubmitted to OMB/2   10/21/2005  10/24/2005 
OMB Clearance 05/18/2005  11/21/2005  11/01/2005 
Publication Date 05/25/2005  11/28/2005  11/07/2005 
End of Comment Period 07/25/2005  01/27/2006  01/07/2006 
Explanation for any delay: Additional coordination necessary
Federal Register Citation for NPRM: 70 FR 67389


Office of the Secretary
73. 
Petition of the National Air Carrier Association for Rulemaking Yellow
Popular Title: NACA Petition for Rulemaking
RIN 2105-AD38
Stage: Final Rule
Previous Stage: NPRM: OMB Clearance 12/14/2004;Publication Date 01/21/2005;End of Comment Period 03/22/2005.
Abstract: The Department sought comment on a proposal to revise its rules on charter operations. This proposal arose from a petition filed by the National Air Carrier Association (NACA). NACA sought 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 granted NACA's petition, and made some, but not all of the changes sought by NACA. The Department made revisions to definitions in Part 212 relating to charter types, and modified 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 did not adopt NACA's requests to impose a reciprocity standard that would have ensured substantially equivalent opportunities for U.S. carriers in the homeland of the applicant, or would have accorded 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 was reclassified as significant.
Effects:
  None
Prompting action: None
Legal Deadline:  None
Rulemaking Project Initiated: 03/21/2002
Dates for Final Rule:
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 08/12/2005    08/19/2005 
To OMB 09/12/2005  10/14/2005  10/13/2005 
OMB Clearance 12/12/2005  01/14/2006   
Publication Date 12/31/2005  01/28/2006   
Explanation for any delay: N/A
Federal Register Citation for Final Rule: None


Office of the Secretary
74. 
Navigation of Foreign Civil Aircraft within the United States (14 CFR Part 375) Yellow
Popular Title: Foreign Civil Aircraft
RIN 2105-AD39
Stage: Final Rule
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 amends 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 Final Rule:
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 08/19/2005  09/20/2005  09/27/2005 
To OMB 09/16/2005  11/01/2005   
OMB Clearance 12/16/2005  01/31/2006   
Publication Date 12/30/2005  02/13/2006   
Explanation for any delay: N/A
Federal Register Citation for Final Rule: None


Office of the Secretary
75. 
Accomodations in Air Travel for Deaf and Hard of Hearing Individuals Red
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 and was upgraded to significant on 3/24/05.
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  09/02/2005  09/06/2005 
OMB Clearance 07/29/2005  12/06/2005  12/02/2005 
Publication Date 08/07/2005  12/30/2005   
End of Comment Period   02/28/2006   
Explanation for any delay: Additional coordination necessary
Federal Register Citation for NPRM: None


Office of the Secretary
76. 
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  08/15/2005  08/19/2005 
OMB Clearance 10/21/2005  11/15/2005  11/10/2005 
Publication Date 11/04/2005  11/30/2005   
Explanation for any delay: N/A
Federal Register Citation for Final Rule: None


Office of the Secretary
77. 
Price Advertising Green
Popular Title: Price Advertising Reexamination
RIN 2105-AD56
Stage: NPRM
Previous Stage: None
Abstract: This rule would propose four alternative enforcement approaches to the current OST rule, which provides that the failure to state in an airfare advertisement the entire price to be paid by a consumer for the advertised air transportation is a violation of 49 U.S.C. ยง 41712. A review of this rule is justified because the Department has adopted a significant number of policies with respect to section 399.84 outlining when enforcement action will not be pursued. Four options will be considered. The first will be to retain the rule while codifying the Department's related enforcement policies. This option wouldmaintain the status quo and there are no additional costs or benefits associated with this option. The second option would be to retain the rule as written and announce that the rule will be enforced as written in the future. Many sellers of air transportation are already in compliance with the rule as written and the costs associated with achieving compliance by the others should be minimal. Consumers may benefit from this option by getting more uniform displays of fare information but may be harmed by having less access to information on government taxes and fees that are now separately stated in some fare advertising. The third option would be to revise the policy statement to eliminate most or all requirements for airfare advertisements but to require that consumers be apprised of the total purchase price before the purchase is made. The fourth option would be to rescind the rule and let market forces regulate airfare advertising. This option would cost sellers nothing since they may continue to advertise as they currently do but it would enable them to further innovate in the marketing of air transportation and create new efficiencies that may lead to lower costs and, possibly, prices. Consumers may benefit from these lower prices while they will still have complete, albeit slightly less obvious, information on fares.
Effects:
  None
Prompting action: Secretarial/Head of Operating Administration Decision
Legal Deadline:  None
Rulemaking Project Initiated: 09/13/2005
Dates for NPRM:
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST     09/21/2005 
To OMB     10/24/2005 
OMB Clearance   01/24/2006  11/21/2005 
Publication Date   02/04/2006   
End of Comment Period   04/04/2006   
Explanation for any delay: N/A
Federal Register Citation for NPRM: None


Pipeline and Hazardous Materials Safety Administration

Pipeline and Hazardous Materials Safety Administration
78. 
Gas Gathering Line Definition and Safety Rules 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 define "onshore gas gathering line" to eliminate confusion in distinguishing these pipelines from production facilities and transmission lines. Also, it would establish tiered safety rules for higher-risk onshore gas gathering lines in rural areas, and relax current rules on low-risk onshore gas gathering lines. There would be a net cost savings since the definition would be based on industry practices and the overall regulatory burden would be less.
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  09/10/2005  08/30/2005 
Publication Date 06/17/2005  10/03/2005  10/03/2005 
End of Comment Period 09/19/2005  01/03/2006  01/03/2006 
Explanation for any delay: Additional coordination necessary
Federal Register Citation for SNPRM: 70 FR 57536


Pipeline and Hazardous Materials Safety Administration
79. 
Safeguarding Food from Contamination During Transportation Red
Popular Title: Sanitary Food
RIN 2137-AC00
Stage: Withdrawal
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 have addressed 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. SAFETEA-LU (enacted August 10, 2005 as P.L. 109-59) transfers SFTA regulatory authority to Health and Human Services. As a result, PHMSA will withdraw this rulemaking.
Effects:
  None
Prompting action: Statute
Legal Deadline:  Final Rule : 08/01/1991
Rulemaking Project Initiated: 10/21/1990
Dates for Withdrawal:
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 09/15/2005  10/11/2005  10/19/2005 
Publication Approved 10/21/2005  11/25/2005   
Publication Date 10/28/2005  11/30/2005   
Explanation for any delay: Additional coordination necessary
Federal Register Citation for Withdrawal: None


Pipeline and Hazardous Materials Safety Administration
80. 
Hazardous Materials: Transportation of Oxygen Cylinders and Oxygen Generators Aboard Aircraft Green
Popular Title: Oxygen Cylinders and Generators
RIN 2137-AD33
Stage: Final Rule
Previous Stage: NPRM: Publication Date 05/06/2004; End of Comment Period 08/13/2004; End of Extended Comment Period 12/31/2004.
Abstract: This rulemaking would require oxygen cylinders and oxygen generators, when transported aboard aircraft, to be packed in an outer packaging that meets prescribed thermal and heat resistance requirements. These requirements would increase the level of safety associated with transportation of oxidizing gases by air. This rule has no impact on the use of passenger-owned oxygen cylinders. This rule is significant due to public interest.
Effects:
  None
Prompting action: None
Legal Deadline:  None
Rulemaking Project Initiated: 03/01/2000
Dates for Final Rule:
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 03/06/2006  12/06/2005   
To OMB 04/07/2006  01/03/2006   
OMB Clearance 07/06/2006  03/31/2006   
Publication Date 07/13/2006  04/05/2006   
Explanation for any delay: N/A
Federal Register Citation for Final Rule: None


Pipeline and Hazardous Materials Safety Administration
81. 
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
82. 
Hazardous Materials; Transportation of Lithium Batteries Red
Popular Title: Lithium Batteries
RIN 2137-AD48
Stage: Final Rule
Previous Stage: NPRM: Publication Date 4/02/2002; End of Comment Period 6/02/2002.
Abstract: This rulemaking would revise requirements applicable to lithium batteries for consistency with international requirements. This rulemaking also responds to NTSB recommendations. After reviewing comments received, PHMSA prepared and published for public comment an Initial Regulatory Flexibility Analysis (IFRA) in order to determine the impact of its proposal on small entities.
Effects:
  Regulatory Flexibility Act
Prompting action: None
Legal Deadline:  None
Rulemaking Project Initiated: 04/02/2002
Dates for Final Rule:
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 03/05/2003  03/05/2003  03/05/2003 
To OMB 04/09/2003  06/09/2003  06/06/2003 
Returned by OMB     08/22/2003 
Resubmitted to OST   03/31/2006   
Resubmitted to OMB/2   05/12/2006   
OMB Clearance 07/09/2003  08/10/2006   
Publication Date 07/16/2003  08/17/2006   
Explanation for any delay: Additional coordination necessary
Federal Register Citation for Final Rule: None


Pipeline and Hazardous Materials Safety Administration
83. 
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  08/22/2005 
OMB Clearance 08/26/2005  11/21/2005  11/22/2006 
Publication Date 09/02/2005  11/24/2005   
Explanation for any delay: Additional coordination necessary
Federal Register Citation for Final Rule: None


Pipeline and Hazardous Materials Safety Administration
84. 
Hazardous Materials: Infectious Substances; Harmonization with the United Nations Green
Popular Title: Infectious Substance; Harmonization
RIN 2137-AD93
Stage: Final Rule
Previous Stage: NPRM: Publication Date 05/19/2005; End of Comment Period 07/18/2005.
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 Final Rule:
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 01/16/2006     
To OMB 02/17/2006     
OMB Clearance 05/18/2006     
Publication Date 05/25/2006     
Explanation for any delay: N/A
Federal Register Citation for Final Rule: None


Pipeline and Hazardous Materials Safety Administration
85. 
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, enhanced requirements for temporary storage, strengthened tank car integrity, and implementation 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
86. 
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  12/08/2005   
To OMB 04/07/2006  01/09/2006   
OMB Clearance 07/06/2006  04/10/2006   
Publication Date 07/13/2006  04/14/2006   
Explanation for any delay: N/A
Federal Register Citation for Final Rule: None


Pipeline and Hazardous Materials Safety Administration
87. 
Hazardous Materials: Requirements for Storage of Explosives During Transportation Red
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  10/11/2005  10/17/2005 
OMB Clearance 09/22/2005  01/17/2006  11/09/2005 
Publication Date 09/29/2005  01/24/2006  11/16/2005 
End of Comment Period 11/28/2005  02/14/2006  01/16/2006 
Explanation for any delay: Additional coordination necessary
Federal Register Citation for ANPRM: None


Pipeline and Hazardous Materials Safety Administration
88. 
Hazardous Materials: Enforcement Regulations Red
Popular Title: Package Inspection Authority
RIN 2137-AE13
Stage: NPRM
Previous Stage:None
Abstract: Pursuant to a mandate in SAFETEA-LU (section 7118 of P.L. 109-59), this rulemaking would establish procedural regulations to implement authority provided to DOT to open packages believed to contain hazardous materials, remove such packages from transportation, gather information, order the package transported to a facility for examination and analysis, obtain assistance from qualified persons, and issue emergency restrictions, prohibitions, recalls, or out-of-service orders to abate an imminent hazard.
Effects:
  None
Prompting action: Statute
Legal Deadline:  Temporary Rule : 10/11/2005
Final Rule : 08/10/2006
Rulemaking Project Initiated: 08/10/2005
Dates for NPRM:
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 06/06/2006     
OMB Clearance 10/11/2006     
Publication Date 10/18/2006     
End of Comment Period 12/19/2006     
Explanation for any delay: N/A
Federal Register Citation for NPRM: None