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Report on DOT Significant Rulemakings

Table of Contents

Office of the Secretary

74. Protection of Sensitive Security Information

75. Prioritization and Allocation Authority Exercised By the Secretary of Transportation Under the Defense Production Act

76. Use of the Seat-Strapping Method for Carrying a Wheelchair on an Aircraft

77. Stowage of Wheelchairs, other Mobility Aids and other Assistive Devices

78. Accessibility of Airports

79. Accessibility of Carrier Websites and Ticket Kiosks

80. Smoking of Electronic Cigarettes On Commercial Aircraft

81. Enhancing Airline Passenger Protections III

82. Carrier-Supplied Medical Oxygen, Accessible In-Flight Entertainment Systems, Service Animals, and Accessible Lavatories on Single-Aisle Aircraft

83. Transportation for Individuals with Disabilities: Reasonable Modification





Office of the Secretary



Office of the Secretary
74.  Protection of Sensitive Security Information Red
Popular Title:SSI-TSA
RIN 2105-AD59
Stage: Undetermined
Previous Stage:Interim Final Rule: Publication Date 05/18/2004; End of Comment Period 07/19/2004.
Abstract: This rulemaking would finalize a May 2004 interim final rule and respond to any comments received on that action. This is a joint rulemaking between DOT and the Transportation Security Administration. A final rule was originally scheduled for 10/31/06.
Effects:
 None
Prompting action:None
Legal Deadline: None
Rulemaking Project Initiated: 09/02/2002
Dates for Undetermined:
MilestoneOriginally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST      
To OMB      
OMB Clearance      
Publication Date      
End of Comment Period      
Explanation for any delay:Additional coordination necessary
Federal Register Citation for Undetermined: None




Office of the Secretary
75.  Prioritization and Allocation Authority Exercised By the Secretary of Transportation Under the Defense Production Act Red
Popular Title:Defense Production Act (DPA)
RIN 2105-AD83
Stage: Final Rule
Previous Stage: NPRM: Publication Date 02/15/2011; End of Comment Period 03/17/2011.
Abstract: This rulemaking would clarify the prioritization and allocation authorities exercised by the Secretary of Transportation under the Defense Production Act (DPA). The DPA is the President´s primary authority to ensure timely availability of private sector resources for national defense. In addition to military and energy activities, the definition of "national defense" includes emergency preparedness activities conducted pursuant to Title VI of The Robert T. Stafford Disaster Relief and Emergency Assistance Act and the protection and restoration of critical infrastructure. Under Title I of the DPA, the President has the authority to require the acceptance and prioritization of contracts and orders -- and to allocate materials, services, and facilities -- in support of the national defense. Under Section 201 of Executive Order 12919, the President has delegated these prioritization and allocation authorities to the Secretary of Transportation for all forms of civil transportation. In the 2009 DPA reauthorization legislation, Congress mandated that each Federal agency with delegated authority under Title I of the DPA develop final rules that establish standards and procedures for implementing its delegated authority in emergency and nonemergency conditons. Additionally, Congress mandated that, to the extent practacable, the rules be consistent and unifed. DOT is part of an interageny working group, along with the other delegated agencies, that is developing consistent unifed rules.
Effects:
 Information Collection
Prompting action:Statute
Legal Deadline:  Final rule : 06/27/2010
Rulemaking Project Initiated: 01/07/2009
Dates for Final Rule:
MilestoneOriginally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 09/15/2011  09/22/2011  08/18/2011 
To OMB 10/17/2011  11/17/2011  11/17/2011 
OMB Clearance 01/17/2012  01/09/2012   
Publication Date 01/31/2012  01/23/2012   
Explanation for any delay:N/A
Federal Register Citation for Final Rule: None




Office of the Secretary
76.  Use of the Seat-Strapping Method for Carrying a Wheelchair on an Aircraft Yellow
Popular Title:Seat-Strapping
RIN 2105-AD87
Stage: Final Rule
Previous Stage:NPRM: Publication Date 06/03/2011; End of Comment Period 08/02/2011.
Abstract: This rulemaking would address whether carriers should be allowed to utilize the seat-strapping method to stow a passenger´s wheelchair in the aircraft cabin.
Effects:
 Regulatory Flexibility Act
Prompting action:None
Legal Deadline: None
Rulemaking Project Initiated: 04/30/2009
Dates for Final Rule:
MilestoneOriginally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 11/09/2011  04/02/2012   
To OMB 12/21/2011  04/30/2012   
OMB Clearance 03/20/2012  07/30/2012   
Publication Date 04/03/2012  08/13/2012   
Explanation for any delay:N/A
Federal Register Citation for Final Rule: None




Office of the Secretary
77.  Stowage of Wheelchairs, other Mobility Aids and other Assistive Devices Red
Popular Title:Stowage and Assistive Devices
RIN 2105-AD90
Stage: Undetermined
Previous Stage: NPRM: Publication Approved ;Publication Date ;End of Comment Period .
Abstract: This rulemaking would amend 14 CFR Part 382 (Part 382) by including Subpart I (14 CFR 382.121-382.133) in the list of subparts with which a U.S. carrier must comply with respect to passengers traveling under its code on flights operated by a foreign carrier between two foreign points. This rulemaking would also amend Part 382 to eliminate the labeling requirements for FAA approved portable oxygen concentrators and specify that ventilators, respirators and Continuous Positive Airway Pressure (CPAP) machines must be allowed for use in the passenger cabin as long as they comply with applicable safety, security, and hazardous materials rules. In addition, this rule would amend the provision in Part 382 that allows carriers to require a passenger who wishes to use an FAA-approved portable oxygen concentrator in the aircraft cabin to provide a medical certificate dated within 10 days of the passenger´s initial flight.
Effects:
 EU
NAFTA
Foreign
Prompting action:None
Legal Deadline: None
Rulemaking Project Initiated: 03/02/2009
Dates for Undetermined:
MilestoneOriginally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST      
To OMB      
OMB Clearance      
Publication Date      
End of Comment Period      
Explanation for any delay:Additional coordination necessary
Federal Register Citation for Undetermined: None




Office of the Secretary
78.  Accessibility of Airports Green
Popular Title:Accessibility of Airports
RIN 2105-AD91
Stage: Final Rule
Previous Stage:NPRM: Publication Date 09/29/2011; End of Comment Period 11/28/2011.
Abstract: The rulemaking would include new provisions related to service animal relief areas and closed captioning of televisions and audio-visual displays for airports that mirror the new requirements applicable to airlines set forth in the amended 14 CFR Part 382. It would also reorganize the provision in 49 CFR Part 27 regarding lifts used to transfer disabled passengers to and from the tarmac.
Effects:
 EU
NAFTA
Foreign
Prompting action:None
Legal Deadline: None
Rulemaking Project Initiated: 01/03/2009
Dates for Final Rule:
MilestoneOriginally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 07/23/2012     
To OMB 08/20/2012     
OMB Clearance 11/19/2012     
Publication Date 12/04/2012     
Explanation for any delay:N/A
Federal Register Citation for Final Rule: None




Office of the Secretary
79.  Accessibility of Carrier Websites and Ticket Kiosks Red
Popular Title:ACAA SNPRM 1
RIN 2105-AD96
Stage: SNPRM
Previous Stage:NPRM: Publication Date 06/08/2010; Comment Period End 08/09/2010.
Abstract: This rulemaking was divided into two successive Air Carrier Access Act (ACAA) rulemakings. This one, as well as the second rulemaking (2105-AE12), address issues raised in another rulemaking RIN: 2105-AD92. This rulemaking would consider: (1) the cost and technical issues involved in requiring carrier website accessibility; and (2) whether automated kiosks operated by carriers at airports and elsewhere should be required to be accessible. After the public comment periods, we intend to consolidate the final decisions in this rulemaking and RIN: 2105-AE12 into one document.
Effects:
 None
Prompting action:None
Legal Deadline: None
Rulemaking Project Initiated: 09/15/2009
Dates for SNPRM:
MilestoneOriginally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 08/12/2010  05/25/2011  07/06/2011 
To OMB 09/01/2010  06/23/2011  07/29/2011 
OMB Clearance 12/01/2010  09/21/2011  09/06/2011 
Publication Date 12/10/2010  09/30/2011  09/26/2011 
End of Comment Period 03/10/2011  11/30/2011  11/25/2011 
Extension of Comment Period     11/21/2011 
End of Extended Comment Period     01/09/2012 
Explanation for any delay:Additional coordination necessary
Federal Register Citation for SNPRM: 76 FR 71914




Office of the Secretary
80.  Smoking of Electronic Cigarettes On Commercial Aircraft Red
Popular Title:E-Cigarette
RIN 2105-AE06
Stage: Final Rule
Previous Stage:NPRM: Publication Date 09/15/2011; End of Comment Period 11/14/2011.
Abstract: This rulemaking would amend the general regulatory language in 14 CFR Part 252 to explicitly ban the smoking of electronic cigarettes on air carrier and foreign air carrier flights in scheduled intrastate, interstate, and foreign air transportation.
Effects:
 Foreign
Prompting action:None
Legal Deadline: None
Rulemaking Project Initiated: 11/04/2010
Dates for Final Rule:
MilestoneOriginally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 04/10/2012     
To OMB 05/08/2012     
OMB Clearance 08/06/2012     
Publication Date 08/20/2012     
Explanation for any delay:N/A
Federal Register Citation for Final Rule: None




Office of the Secretary
81.  Enhancing Airline Passenger Protections III Red
Popular Title:Airline Psgr. Protections III
RIN 2105-AE11
Stage: SNPRM
Previous Stage:NPRM: Publication Date 12/08/2008; Comment Period End 02/06/2009. NPRM Extension of Comment Period: Publication date 02/06/2009; Extension of Comment Period End 03/09/2009.
Abstract: This rulemaking would address the following issues: (1) whether the Department should require a marketing carrier to provide assistance to its code-share partner when a flight operated by the code-share partner experiences a lengthy tarmac delay; (2) whether the Department should enhance disclosure requirements on code-share operations, including requiring on-time performance data, reporting of certain data code-share operations, and codifying the statutory amendment of 49 U.S.C. 41712(c) regarding website schedule disclosure of code-share operations; (3) whether the Department should expand the on-time performance "reporting carrier" pool to include smaller carriers; (4) whether the Department should require travel agents to adopt minimum customer service standards in relation to the sale of air transportation; (5) whether the Department should require ticket agents to disclose the carriers whose tickets they sell or do not sell and information regarding any incentive payments they receive in connection with the sale of air transportation; (6) whether the Department should require ticket agents to disclose any preferential display of individual fares or carriers in the ticket agent’s internet displays; (7) whether the Department should require additional or special disclosures regarding certain substantial fees, e.g., oversize or overweight baggage fees; (8) whether the Department should prohibit post-purchase price increase for all services and products not purchased with the ticket or whether it is sufficient to prohibit post-purchase prices increases for baggage charges that traditionally have been included in the ticket price; and (9) whether the Department should require that ancillary fees be displayed through all sale channels.
Effects:
 Regulatory Flexibility Act
Prompting action:None
Legal Deadline: None
Rulemaking Project Initiated: 04/18/2011
Dates for SNPRM:
MilestoneOriginally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 08/30/2011  04/17/2012   
To OMB 09/30/2011  05/18/2012   
OMB Clearance 12/30/2011  08/02/2012   
Publication Date 01/06/2012  08/10/2012   
End of Comment Period 03/06/2012  10/10/2012   
Explanation for any delay:Awaiting development of additional data
Federal Register Citation for SNPRM: None




Office of the Secretary
82.  Carrier-Supplied Medical Oxygen, Accessible In-Flight Entertainment Systems, Service Animals, and Accessible Lavatories on Single-Aisle Aircraft Red
Popular Title:ACAA SNPRM 2
RIN 2105-AE12
Stage: SNPRM
Previous Stage:NPRM: Publication Date 06/08/2010; Comment Period End 08/09/2010.
Abstract: This rulemaking is the one of two successive Air Carrier Access Act (ACAA) rulemakings that address issues raised in another rulemaking RIN: 2105-AD92. The second rulemaking is RIN: 2105-AD96. This rulemaking action would consider (1) whether there are safety-related reasons for excluding service animals other than dogs that may be specific to foreign carriers; (2) whether the cost of requiring carriers to supply free in-flight medical oxygen would create an undue burden; and (3) whether providing high-contrast captioning on in-flight entertainment displays is technically and economically feasible. It would also address accessible lavatories on single-aisle aircraft and a rulemaking petition from the Psychiatric Service Dog Society to eliminate provisions allowing carriers to require documentation and 48 hours advance notice for users of psychiatric service animals, and miscellaneous service animal issues. After the public comment periods, we intend to consolidate the final decisions in this rulemaking and RIN: 2105-AD96 into one document.
Effects:
 None
Prompting action:Secretarial/Head of Operating Administration Decision
Legal Deadline: None
Rulemaking Project Initiated: 04/25/2011
Dates for SNPRM:
MilestoneOriginally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 06/27/2011  03/06/2012   
To OMB 07/30/2011  03/21/2012   
OMB Clearance 10/25/2011  06/20/2012   
Publication Date 10/31/2011  06/26/2012   
End of Comment Period 12/31/2011  08/24/2012   
Explanation for any delay:Other, higher priorities
Unanticipated issues requiring further analysis
Federal Register Citation for SNPRM: None




Office of the Secretary
83.  Transportation for Individuals with Disabilities: Reasonable Modification Green
Popular Title:ADA: Reasonable Accommodation
RIN 2105-AE15
Stage: Final Rule
Previous Stage:NPRM
Abstract: This action continues a rulemaking initiated under RIN 2105-AD54. It would add to the Department´s ADA regulations a rquirement, parallel to that in other DOT and Department of Justice ADA rules, that regulated entities reasonably modify policies and practices where necessary to ensure nondiscriminatory transporation services for individuals with disabilities, except where doing so would fundamentally alter the service.
Effects:
 None
Prompting action:Secretarial/Head of Operating Administration Decision
Legal Deadline: None
Rulemaking Project Initiated: 02/06/2006
Dates for Final Rule:
MilestoneOriginally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 04/15/2012     
To OMB 05/15/2012     
OMB Clearance 08/15/0201     
Publication Date 08/31/2012     
Explanation for any delay:N/A
Federal Register Citation for Final Rule: None