Rulemaking Management System - Management Report



FAA Non-Significant Rule(s) As of October 27, 2016 TitleRIN2120-Initiation DateAge(Years)Stat/Jud DeadlineLast Public ActionNext Scheduled Public ActionInstrument Approach Procedures ? AA65 ? 06/13/83? 33 ? None ? None ? FR 11/30/17 ? ? Abstract: This rule would provide for instrument descent to airports in the United States. Standard Instrument Approach Procedures (SIAPs) are a nonsignificant body of regulations that are complex and technical in nature and require routine and frequent rulemaking to maintain efficiency. The FAA issues, revises, and cancels SIAPs by adopting amendments that are incorporated into 14 CFR part 97. Contemporaneously with publication in the Federal Register, the SIAPs are made available to the Aeronautical Charting and Cartography Office in the FAA and other publishers of aeronautical charts, where they are published as approach procedure charts or "approach plates." These charts are made available to the members of the aviation community for use by pilots in making instrument approaches. Total actions expected - 3300. 10/00/2015 - 11/00/2016.?Instrument Flight Rules ? AA63 ? 10/15/91? 25 ? None ? None ? FR 11/30/17 ? ? Abstract: This is a nonsignificant body of regulations that prescribes altitudes governing the operation of aircraft under Instrument Flight Rules (IFR) on Air Traffic System (ATS) routes or other direct routes that have a designated Minimum Enroute Altitude (MEA). In addition, it designates mountainous areas and changeover points as they relate to route altitudes. These regulations are an established body of technical requirements that are issued routinely and frequently to maintain operational efficiency. Total actions expected-270. 10/00/2015 - 11/00/2016.?Airspace Actions ? AA66 ? 11/01/99? 17 ? None ? None ? UNDET ? ? Abstract: This rulemaking would ensure the safe and efficient use of the National Airspace System and accommodate Department of Defense operations. Rulemaking airspace actions are used to designate, modify, or revoke airways, routes, terminal airspace, and special use airspace (SUA) within the United States and its territories. The vast majority of airspace actions are routine and frequent. This entry does not cover airspace actions with widespread or general applicability, which would be usually be subject to review and public comment. 10/00/2015 - 11/00/2016?Airworthiness Directives ? AA64 ? 07/20/00? 16 ? None ? None ? FR 11/30/17 ? ? Abstract: This rulemaking would provide for the issuance of Airworthiness Directives (AD?s) as needed to address any unsafe condition in a type certificated product, if that unsafe condition is likely to exist or develop in products of the same type design. Airworthiness Directives are legally enforceable rules that apply to the following type certificated products: aircraft, aircraft engines, propellers, and appliances. Part 39 of CFR Title 14 requires each operator of a product affected by an AD to comply with the terms of the AD, to continue to operate that product. The AD may mandate operational limitations, maintenance, or alterations for the affected product. The vast majority of routine and frequent ADs are nonsignificant. Total actions expected: 550. 10/00/2015 - 11/00/2016.?System Safety Assessment ? AJ99 ? 03/03/11? 5 ? None ? None ? NPRM 07/25/17 ? . ? Abstract: This rulemaking would standardize regulations and guidance for conducting airplane-level safety assessments of various critical systems installed on transport category airplanes. Current differences happened over time as system safety rules and policies were developed independently. This rulemaking would adopt Aviation Rulemaking Advisory Committee recommendations and harmonize with the European Aviation Safety Agency CS-25.?EFVS (RRR) ? AJ94 ? 04/21/11? 5 ? None ? NPRM: 06/11/2013; End of C/P: 09/09/2013; C/P: Extended: 09/06/2013; End of Extended C/P:: 10/15/2013; Reopened C/P:: 08/20/2015; Reopened C/P: End: 09/21/2015 ? FR 11/08/16 ? Abstract: This rulemaking would permit operators to use an EFVS in lieu of natural vision to continue descending from 100 feet height above runway touchdown zone elevation to the runway. This action would also permit certain operators using EFVS-equipped aircraft to dispatch, release, or takeoff under instrument flight rules (IFR), and to initiate and continue an approach, when the destination airport weather is below authorized visibility minimums for the runway of intended landing. Pilot training, recent flight experience, and proficiency would be required for operators who use EFVS in lieu of natural vision to descend below decision altitude, decision height, or minimum descent altitude. The FAA believes that an EFVS can provide operational and safety benefits during Category II and Category III approach operations. The rulemaking would enable expanded EFVS operations, which would increase access and efficiency in low visibility conditions, and potentially result in fewer missed approaches and delayed take-offs.?Fuel Tank & System Lightning (RRR) ? AK24 ? 11/02/11? 4 ? FR 07/18/16? NPRM Publication 12/18/2015; Close of C/P: 03/18/2015. NPRM: Publication Approved 12/09/2014; 12/18/2014;End of C/P: 03/18/2015. ? FR 05/19/17 ? Abstract: This rulemaking would amend certain airworthiness regulations for transport category airplanes regarding lightning protection of fuel tanks and systems by establishing design requirements for both normal conditions and possible failures of fuel tank structure and systems that could lead to fuel tank explosions, adding new maintenance requirements related to lightning protection features, and imposing specific requirements for airworthiness limitations in the instructions for continued airworthiness. It would also create performance-based standards for prevention of catastrophic fuel vapor ignition caused by lightning by regulating the risk due to both ignition sources and fuel tank flammability. This change would allow designers to take advantage of flammability reduction technologies whose effectiveness was not foreseen when earlier revisions to these rules were written. This change would also relieve some of the administrative burdens created by the current regulations.?Aviation Training Devices (RRR) ? AK28 ? 09/11/12? 4 ? None ? None ? UNDET ? Abstract: This rulemaking would consider relieving burdens on pilots seeking to obtain aeronautical experience for certification and recency by promoting increased use of aviation training devices. The rulemaking would also address changing technologies by permitting an alternative that would permit pilots to train in technically advanced airplanes in place of older complex single engine airplanes. Additionally, the rulemaking would broaden the opportunities for military instructors to obtain civilian ratings based on military experience, expand opportunities for logging pilot time, and remove a burden on sport pilot instructors by permitting them to serve as safety pilots. Finally, this rulemaking corrects several unintended burdens resulting from a 2009 final rule and codifies several exemptions.?Overflight Fees ? AK53 ? 01/15/13? 3 ? FR 01/27/17? NPRM Publication: 08/28/2015; Close of C/P: 10/27/2015 NPRM: Publication Approved 08/24/2015; 08/28/2015;End of C/P: 10/27/2015. ? FR 11/14/16 ? Abstract: This rulemaking would update the existing overflight fees (last updated in a 2011 Final Rule) using more current FAA cost accounting and air traffic activity data. Overflight fees are charges for aircraft flights that transit U.S.-controlled airspace but neither take off nor land in the United States.?Flammability Reqs for Transport Airplanes (RRR) ? AK34 ? 03/12/13? 3 ? None ? None ? NPRM 11/17/17 ? Abstract: This rulemaking would amend the regulations on compartment interior fire protection to eliminate unnecessary testing, improve safety in inaccessible areas, and present the requirements as performance standards on the basis of threat. These changes are necessary as the current requirements result in unnecessary testing, are lacking in the areas most vulnerable to in-flight fire, and lack of standardization. These changes will improve safety and reduce costs.?Part 147 AMTS ? AK48 ? 09/25/13? 3 ? None ? NPRM Publication: 10/02/2015, C/P: End 12/03/2015, Extended C/P: 11/19/2015, Extended C/P: End 02/01/2016 ? UNDET ? Abstract: This rulemaking would revise the regulatory requirements concerning Curriculum, Operating Rules and Appendices A through D. The current rule was last updated in 1992, therefore, the part 147 curriculum has not evolved to match fundamental changes in aircraft technology. The result of the changes would provide industry with trained mechanics that will have the capability to continue to maintain both older aircraft and technologically advanced aircraft.?Glider Transponders ? AK51 ? 02/04/14? 2 ? FR 12/17/16? NPRM Publication: 06/16/2015; Close of C/P: 08/17/2015 ANPRM: Publication Approved 06/10/2015; 06/16/2015;End of C/P: 08/17/2015. ANPRM: Publication Approved 06/10/2015; 06/16/2015;End of C/P: 08/17/2015. ? UNDET ? Abstract: This rulemaking would request public comment on removal of the current transponder exception for gliders. This action responds to recommendations from members of Congress and the National Transportation Safety Board. The purpose of this action is to gather information to determine whether the current glider exception from transponder equipment and use requirements provide the appropriate level of safety in the National Airspace System. The FAA would use the information gathered from this action to determine whether additional transponder equipment and use requirements are necessary for gliders operating in the excepted areas.?Stage 5 Aircraft Noise Standards ? AK52 ? 06/03/14? 2 ? FR 08/13/17? NPRM: Publication 01/14/2016, Close of C/P: 04/13/2016 NPRM: Publication Approved 12/21/2015; 01/14/2016;End of C/P: 04/13/2016. ? FR 03/15/17 ? Abstract: This rulemaking would create a new noise standard for subsonic jet airplanes and subsonic transport category large airplanes. This noise standard would ensure that the latest available noise reduction technology is incorporated into new aircraft designs. This rulemaking would provide uniform noise certification standards for Stage 5 airplanes certificated in the United States, and would be equivalent to the new International Civil Aviation Organization (ICAO) Annex 16 Chapter 14 noise standards.?Launch and Reentry TFR's ? AK66 ? 06/03/14? 2 ? FR 03/02/17? NPRM Publication: 09/02/2015; Close of C/P: 11/02/2015. NPRM: Publication Approved 08/18/2015; 09/02/2015;End of C/P: 11/02/2015. ? FR 01/26/17 ? Abstract: This rulemaking would clarify the temporary flight restriction (TFR) provisions for launch, reentry, and amateur rocket operations and make such TFRs applicable to all aircraft, including non-US registered aircraft. The FAA would also revise language that is inconsistent with other TFR provisions and with the commercial space regulations. This action would enhance safety in the affected airspace and would improve the readability of the TFR requirements.?YAW Maneuver Conditions ? AK89 ? 06/03/14? 2 ? None ? : . ? NPRM 05/05/17 ? Abstract: This rulemaking would incorporate a new load condition into part 25. The new load condition would be a performance-based rule that would require applicants to demonstrate the integrity of the airplane structure, including its vertical stabilizer(fin), in the presence of pilot-commanded rudder pedal reversals. Adopting the new load condition would protect the airplane from excessive loads on the vertical stabilizer due to pilot-commanded rudder pedal reversals.?SFAR 108 Update ? AK63 ? 09/29/14? 2 ? None ? Final Rule: Publication Approved ; ;End of C/P: . Final Rule: Publication Approved ; ;End of C/P: ;Effective Date . ? UNDET ? Abstract: This rulemaking would relocate and update the content of SFAR No. 108 to the newly created subpart N of part 91 in order to improve the safety of operating the Mitsubishi Heavy Industries (MHI) MU-2B series airplane. SFAR No. 108 will be eliminated from the Code of Federal Regulations on [DATE 14 MONTHS AFTER PUBLICATION] after which time all MU-2B operators must comply with this subpart. The FAA is relocating the training program from the SFAR No. 108 appendices to advisory material in order to allow the FAA to update policy while ensuring significant training adjustments still go through notice-and-comment rulemaking. The FAA is also correcting and updating several inaccurate maneuver profiles to reflect current FAA training philosophy and adding new FAA published procedures not previously part of the MU-2B training under SFAR No. 108. As a result of moving the prescriptive training requirements to advisory material, this rule will require all MU-2B training programs to meet the performance standards of this subpart and to be approved by the FAA to ensure safety is maintained. As a result of this action, operators, training providers, and safety officials will have more timely access to standardized, accurate training material.?Parts 11 and 400s Updates ? AK76 ? 12/10/14? 1 ? None ? NPRM Publication: 06/01/2016; Close of C/P:: 08/01/2016. ? UNDET ? Abstract: This action would update 14 CFR chapter III, part 404 to current practice, remove duplicate information on petition procedures in chapter I, part 11, add cross references between part 11 and part 404, and allow petitioners to file electronically. It would also revise part 405 title to better represent the information contained in that part. Finally, it would add an equivalent level of safety (ELOS) provision to parts 420, 431, 435, 437 and 460 to allow applicable persons to meet requirements by alternative means.?Misc. Parts 27/29 Updates ? AK80 ? 12/10/14? 1 ? None ? None ? NPRM 03/27/17 ? Abstract: This rulemaking would update the regulations to account for the improved technologies and increasing design complexity of rotorcraft, and minimize recurrence for special conditions, equivalent level of safety (ELOS) findings, and related issue papers.?Bird Ingestion ? AK83 ? 08/04/15? 1 ? None ? : . ? NPRM 12/09/16 ? Abstract: This rulemaking would add an additional medium flocking bird test to existing requirements, due to the January 15, 2009 US Airways Flight 1549 Hudson River ditching. The subsequent investigation revealed existing requirements do not adequately demonstrate engine core bird ingestion capability at climb condition. The intended effect of the proposed rule is to ensure that future engine designs will be robust against core bird ingestions at climb condition.?FRMP ? AK98 ? 08/04/15? 1 ? None ? : . ? NPRM 08/09/17 ? ? Abstract: This rulemaking would require that each air carrier conducting operations under part 121 must develop, submit, maintain, update, and comply with its FAA-accepted fatigue risk management program. This rulemaking is necessary to propose provisions in efforts to codify the statutory mandate in this regard. The intended effect of this rulemaking is to improve flightcrew member fatigue within operational regulations.?Housing Repair Stations ? AK86 ? 03/22/16? < 1 ? None ? Final Rule with Request for Comments: Publication Approved 07/15/2016; 07/27/2016;End of C/P: 08/26/2016. ? UNDET ? Abstract: This rulemaking would revise the housing and facilities requirements for aircraft maintenance, and the regulations for limited ratings. This action is necessary because the current housing and facilities, and limited ratings do not reflect current and future repair station business practices for certificate holders and applicants who wish to hold a limited rating. The intended effect of this final rule is to ensure certificate holders have suitable housing and facilities for the ratings and limitations they hold. Also, by adding an additional limited rating, repair stations will be afforded the option to identify component parts that are not covered by the current twelve limited ratings. This action will alleviate a costly and over burdensome housing expense for repair stations and applicants who hold a limited rating.?RVSM ADS-B ? AK87 ? 04/05/16? < 1 ? None ? : . ? NPRM 03/10/17 ? Abstract: This rulemaking would revise the FAA's requirements for an application to operate in Reduced Vertical Separation Minimum (RVSM) airspace. This rulemaking would employs enhancements in monitoring of aircraft that result from new technologies and responds to requests from industry and FAA program offices to streamline the current process. It would eliminate the considerable burden and expense of developing, processing, and individually approving operators for RVSM operation when their aircraft are equipped with qualified Automatic Dependent Surveillance Broadcast-Out (ADS-B Out) systems. As a result of this rulemaking, operators of aircraft equipped with ADS-B Out systems would no longer be required to obtain specific RVSM authorization.?General Falsification ? AK97 ? 04/05/16? < 1 ? None ? : . ? NPRM 07/03/17 ? Abstract: This rulemaking would restructure the falsification regulations presently located throughout Title 14 and create a general falsification rule applicable to regulations governing Commercial Space Transportation. This action would harmonize inconsistencies among the various falsification provisions, including what constitutes falsification and the associated sanctions. It would also address parts of Title 14 that are not covered under the existing falsification rules. The intended effect would consolidate the existing falsification provisions into a general rule located in one part of Title 14 that ensures congruence among existing falsification provisions and provides coverage for areas that are not addressed by the current falsification provisions.?IBR ICAO Annex 2/MNPS ? AK88 ? 04/06/16? < 1 ? None ? : . ? NPRM 08/22/16 ? Abstract: This rulemaking would harmonize the FAA's regulations regarding the North Atlantic (NAT) Minimum Navigation Performance Specification (MNPS) with those of the International Civil Aviation Organization (ICAO). ICAO's NAT Region is transitioning from the decades-old "MNPS" navigation specification to a more modern, Performance-Based Navigation specification. This rulemaking would also correct and update the incorporation by reference (IBR) of ICAO Annex 2 in the FAA's regulations.?Civil Penalty IFR ? AK90 ? 04/15/16? < 1 ? None ? : . ? UNDET ? Abstract: This interim final rule is the catch-up inflation adjustment to civil penalty amounts that may be imposed for violations of FAA regulations, as required by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015.?Rotorcraft Pilot Compartment View ? AK91 ? 05/24/16? < 1 ? None ? NPRM: Publication 10/17/2016, End of C/P: 11/16/2016. ? UNDET ? Abstract: This rulemaking would revise its rules for pilot compartment view to allow ground tests to demonstrate compliance for night operations. The current regulations require night flight testing to demonstrate compliance, which is not necessary in every case. This rulemaking would alleviate the cost of flight test and administrative burden on affected applicants.?Severe Weather Detection Equipment for Helicopters ? AK94 ? 08/02/16? < 1 ? None ? : . ? NPRM 12/19/16 ? ? Abstract: This rulemaking would allow helicopter air ambulance (HAA) operators to conduct instrument flight rules (IFR) departures and IFR approach procedures at airports and heliports that do not have an approved weather reporting source, in HAA aircraft without functioning severe weather detection equipment (airborne radar or lightning strike detection equipment), when there is no reasonable expectation of severe weather at the destination, the alternate, or along the route of flight. This rulemaking would also update certain provisions to address the transition of seven area forecasts, currently used as flight planning and pilot weather briefing aids, to digital and graphical alternatives. Additionally, this rulemaking would update requirements regarding HAA departure procedures to include additional types of departure procedures that are currently acceptable for use.?Qualification, Service, and Use of Crewmembers ? AK95 ? 08/02/16? < 1 ? None ? : . ? NPRM 12/19/16 ? ? Abstract: This rulemaking would allow air carriers to seek a deviation from the flight simulation training device (FSTD) requirements for related aircraft proficiency checks. In doing so, it corrects an inadvertent omission from the Qualification, Service, and Use of Crewmembers and Aircraft Dispatchers final rule that allowed air carriers to modify training program requirements for flightcrew members operating multiple aircraft types with similar design and flight handling characteristics.?APPEER ? AK96 ? 08/16/16? < 1 ? None ? : . ? FR 01/10/17 ? Abstract: This rulemaking would allow airmen to exercise private pilot privileges in certain aircraft without going... through the current medical certification process. This rule, which conforms FAA regulations with legislation, is intended to ensure that pilots who complete qualification requirements including a medical education course, a physical exam, and certain aircraft and operating restrictions are allowed to act as pilot in command for most part 91 operations.?FHWA Non-Significant Rule(s) As of October 27, 2016 TitleRIN2125-Initiation DateAge(Years)Stat/Jud DeadlineLast Public ActionNext Scheduled Public ActionAcquisition of Right-of-Way (RRR) ? AF62 ? 08/20/11? 5 ? None ? NPRM: 11/24/14; End of C/P: 1/23/15. ? UNDET ? ? Abstract: This rulemaking would update 23 CFR 710 to conform with MAP-21 and make some additional changes to streamline and clarify 23 CFR 710. Section 1302 of MAP-21 amends 23 U.S.C. 108 to provide States with new flexibility for reimbursements of costs of State-funded acquisitions of interests in real property incurred before completion of the NEPA environmental review process for the entire project. MAP-21 also allows the Secretary to authorize a State to use Federal funds for early acquisition of a real property interest if certain conditions are met, including completion of the NEPA environmental review process for the acquisition only.?Part 771 Clean Up ? AF60 ? 07/06/12? 4 ? None ? NPRM: 11/20/15; End of C/P: 1/19/16 ? SNPRM 12/23/16 ? Abstract: This rulemaking would update the FHWA, FTA, and FRA NEPA implementation regulations at 23 CFR Part 771 to include the provisions of MAP-21 sections 1305, 1308, 1309, and 1319. The regulatory updates will revise the regulations to coincide with the changes in the environmental review process for FHWA/FTA/FRA made by 23 U.S.C. 139. These changes include reduction in time periods in the environmental procedures that have already been implemented by FHWA/FTA/FRA, as well as any changes necessary to address the procedural coordination revisions in the environmental review process made by MAP-21 and the FAST Act.?CMGC ? AF61 ? 07/06/12? 4 ? None ? NPRM: 6/29/15; End of C/P: 8/28/15 ? FR 12/05/16 ? Abstract: This rulemaking would update FHWA regulations to reflect statutory language in section 1303 of MAP-21 allowing two-phase contracting to a construction manager or general contractor for preconstruction and construction services.?Design Standards ? AF72 ? 08/09/16? < 1 ? None ? None ? NPRM 12/30/16 ? Abstract: This rulemaking would amend 23 CFR part 625 to update the incorporation by reference of certain standards. This rulemaking would update the regulation to incorporate the most recent versions of: A Policy on Design Standards - Interstate System; LRFD Bridge Construction Specifications; AASHTO LRFD Bridge Design Specifications; AASHTO /AWS D1.5M/D1.5; 2015 Bridge Welding Code; Standard Specifications for Structural Supports for Highway Sign, Luminaires and Traffic Signals; and the Standard Specifications for Transportation Materials and Methods of Sampling and Testing, and AASHTO Provisional Standards.?Section 1309 ? AF73 ? 08/09/16? < 1 ? NPRM 08/30/16? : . ? NPRM 12/30/16 ? Abstract: This rulemaking would establish a pilot program for eliminating duplication of environmental reviews under Section 1309 of the Fixing America's Surface Transportation (FAST) Act. The FAST Act directed the U.S. Secretary of Transportation (Secretary), in consultation with the Chair of the Council on Environmental Quality (CEQ) to establish a pilot program to authorize up to five States to conduct environmental reviews and make approvals for projects under State environmental laws and regulations instead of the National Environmental Policy Act (NEPA). The FAST Act requires the Secretary to promulgate regulations to implement the requirements of the Program, including application requirements and criteria necessary to determine whether State laws and regulations are at least as stringent as the applicable Federal law. FHWA, FRA, and FTA, hereinafter referred to as the Agencies, are proposing these regulations on behalf of the Secretary. This rule also implements a provision in Section 1308 of the FAST Act that amends the corrective action period that the Agencies must provide to a State participating in the 23 U.S.C 327 Surface Transportation Project Delivery Program (327 Program).?FMCSA Non-Significant Rule(s) As of October 27, 2016 TitleRIN2126-Initiation DateAge(Years)Stat/Jud DeadlineLast Public ActionNext Scheduled Public ActionDiabetes Standard ? AA95 ? 08/10/05? 11 ? NPRM 11/10/05? ANPRM: 03/17/2006; End of C/P 06/15/2006. NPRM: 5/4/15: End of C/P 7/6/15 ? UNDET ? Abstract: This rulemaking action would amend FMCSA?s medical qualification standards to allow drivers with insulin-treated diabetes mellitus to operate commercial motor vehicles in interstate commerce, without seeking an exemption from the FMCSRs. This action is required by Safe, Accountable, Flexible, Efficient, Transportation Equity Act: A Legacy for Users (SAFETEA-LU).?E-Signatures (RRR) ? AB47 ? 01/10/12? 4 ? None ? NPRM: 4/28/14, end of C/P 6/27/14 NPRM: 04/28/2014;End of C/P: 06/27/2014. ? FR 02/10/17 ? Abstract: This rulemaking would incorporate the principles of FMCSA?s regulatory guidance concerning e-signatures and electronic documents by amending various sections of the Federal Motor Carrier Safety Regulations (FMCSRs) to enable the use of e-signatures and e-documents in support of electronic recordkeeping. This would be less burdensome to the motor carrier industry.?Lubrication and Oil Leaks (RRR) ? AB49 ? 01/10/12? 4 ? None ? Undetermined: Publication Approved ; ;End of C/P: . ? UNDET ? Abstract: FMCSA has considered this rule and determined that consolidating the regulations would have minimal benefit. The enforcement community is well-versed with the existing rule and has applied it appropriately. Additionally, including it into 396.3 would further complicate a recent petition from CVSA related to the CVSA OOS criteria. For these reasons, FMCSA will not pursue this rulemaking.?Definition of Tank Vehicle ? AB61 ? 01/18/13? 3 ? None ? NPRM 9/26/13, C/P ended 11/25/13 ? UNDET ? Abstract: This rule would revise the definition of "tank vehicle" with respect to the applicability of the requirement for certain commercial driver's license (CDL) holders to obtain an endorsement to operate tank vehicles. On May 9, 2011, FMCSA published the "Commercial Driver's License Testing and Commercial Learner's Permit Standards" final rule. As a result of the rulemaking, FMCSA received numerous petitions regarding the definition of a "tank vehicle" found in 49 CFR 383.5. The new definition of "tank vehicle" became effective on July 11, 2011, and required additional drivers to secure tank vehicle endorsements on their commercial learners' permits (CLPs) and CDLs. This rulemaking responds to those petitions by seeking public comment on a proposed revision of the definition and the impacts this revised definition would have on the industry.?Part 386 Revisions ? AB82 ? 02/20/14? 2 ? None ? : . ? NPRM 05/02/17 ? Abstract: FMCSA proposes to amend its Rules of Practice for motor carrier, intermodal equipment provider, broker, freight forwarder, and hazardous materials proceedings. The proposed changes would increase the efficiency of the procedures, enhance due process, make the rules more understandable to the public and regulated community, accommodate recent programmatic changes, and incorporate interpretations of the Rules of Practice made in Agency decisions issued since the rules were last amended in May 2005. The rules would apply to all motor carriers and other regulated business entities and individuals involved in administrative enforcement proceedings before FMCSA. FMCSA is considering a ticketing program that would replace the existing Notice of Claim program.?Rulemaking Procedures Update ? AB96 ? 03/03/16? < 1 ? None ? None ? NPRM 12/14/16 ? ? Abstract: FMCSA proposes to amends its rulemaking procedures by revising the process for preparing and adopting rules, petitions, and direct final rules. Also, the Agency adds new definitions, and makes general administrative corrections throughout its rulemaking procedures. These proposed actions are authorized under the Fixing America's Surface Transportation (FAST) Act and the Administrative Procedure Act (APA).?* VA Examiners ? AB97 ? 07/06/16? < 1 ? None ? : . ? NPRM 11/10/16 ? ? Abstract: FMCSA proposes amendments to the Federal Motor Carrier Safety Regulations to establish a process for qualified physicians employed by the Department of Veterans Affairs to be eligible for listing on the Agency's National Registry of Certified Medical Examiners. This action is required by section 5403 of the Fixing America's Surface Transportation Act, which requires the Secretary of Transportation, in consultation with the Secretary of Veterans Affairs, to develop such a process.?FRA Non-Significant Rule(s) As of October 27, 2016 TitleRIN2130-Initiation DateAge(Years)Stat/Jud DeadlineLast Public ActionNext Scheduled Public ActionCapital Grants for Class II and Class III Railroad ? AC18 ? 12/19/07? 8 ? NPRM 10/01/08? None ? UNDET ? Abstract: This rulemaking would implement a program for making capital grants to Class II and Class III railroads.?Rail Safety: Dark Territory ? AC07 ? 10/16/08? 8 ? FR 10/16/09? None ? UNDET ? Abstract: This rulemaking would issue standards or guidance governing the voluntary development/deployment of technology to promote safe operation in non-signaled territory in arrangements not defined in signal inspection law.?Certification of Safety-Related Railroad Employees ? AC30 ? 07/01/11? 5 ? None ? None ? UNDET ? Abstract: This rulemaking would require the certification of certain safety-related railroad employees identified by craft, class, task, or other suitable terminology, regardless of whether the person is employed by a railroad, or a contractor or subcontractor to a railroad. This rulemaking will not apply to a person?s locomotive engineer certification or conductor certification that is currently required by 49 C.F.R. Parts 240 and 242; instead, this rulemaking is intended to cover other employees identified as safety-related railroad employees.?Engineer Qualification and Certification Revisions ? AC40 ? 12/06/12? 3 ? None ? None ? NPRM 11/01/16 ? Abstract: This rulemaking would make conforming revisions to Part 240 "Qualification and certification of locomotive engineers" consistent with Part 242 "Qualification and Certification of Conductors". The promulgation of the conductor certification regulation highlighted areas in the regulation governing locomotive engineer certification that may require conforming changes. Such changes could include amending the program submission process, adding 49 CFR 218, subpart F violations as revocable offenses, handling engineer and conductor petitions for review with a single FRA board, and revising filing requirements for petitions to the Locomotive Engineer Review Board.?Horns and Highway-Rail Grade Crossing Revisions ? AC42 ? 12/07/12? 3 ? None ? None ? NPRM 04/28/17 ? Abstract: This rulemaking would make miscellaneous revisions to the existing regulations to address pedestrian crossings and alternatives to train horns in unique situations.?Hours of Service Recordkeeping; Amendments (RRR) ? AC41 ? 12/14/12? 3 ? None ? NPRM : 08/24/2015; End of C/P:: 10/23/2015 ? FR 11/30/16 ? Abstract: This rulemaking would propose to provide simplified recordkeeping requirements to allow railroads with less than 400,000 employee hours per year to utilize automated recordkeeping systems that are less complex than the electronic recordkeeping systems provided for in existing regulations. The rule would not require the use of electronic or automated recordkeeping, would be better tailored to small operations, and is expected to decrease the burden hours spent on recordkeeping.?Fatigue Risk Management Program ? AC54 ? 10/01/13? 3 ? None ? None ? NPRM 03/31/17 ? Abstract: This rulemaking would amend 49 CFR Parts 270 and 271 to require railroads subject to those parts to establish and implement a Fatigue Risk Management Program (FRMP), as part of each System Safety Program or Risk Reduction Program. This rulemaking would also require railroads to establish and update, at least once every two years, a written Fatigue Risk Management Program plan (FRMP plan), which would either be a component of a railroad's System Safety Program plan or a railroad's Risk Reduction Program plan, as applicable.?Revisions of Method for Calculation Threshold ? AC49 ? 09/01/14? 2 ? None ? None ? NPRM 11/15/16 ? Abstract: FRA's accident/incident reporting regulations (49 CFR Part 225 or Part 225) require railroads to report certain train accidents that result in damages higher than a specified amount (the "reporting threshold"). Train accidents that yield damages in excess of the reporting threshold are severe enough in nature that FRA wants to capture specific information about those events and use the collected information to identify safety trends. Without the reporting threshold, or some other parameter, railroads would have to report every minor event. FRA periodically reviews the reporting threshold and adjusts it as necessary to accurately maintain comparability between different years of accident data by having the reporting threshold keep pace with any increases or decreases in equipment and labor costs. This approach ensures that each year train accidents involving the same minimum amount of railroad property damage are included in the reportable accident counts. FRA uses two components to calculate the reporting threshold: (1) Surface Transportation Board (STB) wage data for certain railroad employees; and (2) the Bureau of Labor Statistics' (BLS) overall rail equipment cost index (PPI). This rule proposes: (1) a minor technical correction to the mathematical formula (published at Appendix B to Part 225) FRA uses to periodically adjust the reporting threshold; (2) the use of full-year (12 months) STB wage and PPI equipment price data in the threshold calculation formula (FRA currently uses only 2nd-quarter (3 months) wage and equipment price data in its calculations); and (3) a change in how FRA notifies railroads of adjustments to the reporting threshold. This rule also solicits comment on the feasibility of using a new method to adjust the reporting threshold: time series analysis and forecasted labor and equipment cost data.?Email Address Change Accident Reporting ? AC58 ? 03/08/16? < 1 ? None ? : . ? FR 11/01/16 ? Abstract: This rulemaking updates FRA's accident/incident reporting regulations (49 CFR Part 225) to provide the current electronic mail (e-mail) address railroads must use to electronically submit to FRA certain accident/incident report forms. The new email address is: RsisAiReports@.?Railroad Civil Penalty Inflation Adjustment ? AC59 ? 03/18/16? < 1 ? None ? FR: Published July 1, 2016 ? UNDET ? Abstract: To comply with the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, FRA would adjust the minimum, maximum, and aggravated maximum penalty that it will apply when assessing a civil penalty for a violation of a railroad safety statute, regulation, or order under its authority. In particular, FRA would increase the minimum civil penalty per violation from $650 to $839, the ordinary maximum civil penalty per violation from $25,000 to $27,455, and the aggravated maximum civil penalty (i.e., the maximum civil penalty per violation where a grossly negligent violation or a pattern of repeated violations has created an imminent hazard of death or injury or has caused death or injury) from $105,000 to $109,819.?Passenger Pilot Program ? AC60 ? 03/28/16? < 1 ? None ? None ? NPRM 08/31/16 ? Abstract: This rulemaking would implement a pilot program for competitive selection of eligible petitioners in lieu of Amtrak to operate not more than three long-distance routes operated by Amtrak on the date of enactment of the Fixing America's Surface Transportation Act.?Hazmat Civil Penalty Inflation Adjustment ? AC61 ? 04/14/16? < 1 ? None ? FR: Published 7/1/16 ? UNDET ? Abstract: To comply with the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, FRA is adjusting the minimum penalty, ordinary maximum penalty and the aggravated maximum penalty that it will apply when assessing a civil monetary penalty for a knowing violation of the Federal hazardous material transportation laws or a regulation, special permit, order, or approval issued under those laws. The aggravated maximum penalty is available only for a violation that results in death, serious illness, or severe injury to any person or substantial destruction of property. In particular, FRA is increasing the minimum penalty for a training violation from $450 to $463; the ordinary maximum civil monetary penalty per violation from $75,000 to $77,114; and the aggravated maximum civil penalty from $175,000 to $179,933.?Railroad Police Officers ? AC62 ? 06/15/16? < 1 ? None ? : . ? FR 11/01/16 ? Abstract: FRA is amending its regulations on railroad police officers (49 CFR part 207) to implement section 11412 of the FAST Act (Public Law 114-94). Consistent with section 11412, the final rule will allow commissioned railroad police officers directly employed by or contracted by railroads to enforce laws of any jurisdiction in which the employing railroad owns property, subject to the provisions of 49 U.S.C. 28101. Previously, part 207 did not permit railroads to hire contractors as railroad police officers. Also consistent with the FAST Act, the final rule creates a process for accommodating transfers of railroad police officers from one state of primary employment or residence to a state other than the one he or she is commissioned in by providing a one year interim period for the officer to become commissioned in the new state, while retaining authority to enforce laws in the new state under 49 U.S.C. 28101. FRA is issuing this rule as a final rule because it finds, for good cause, that notice and public comment is unnecessary because the public would not benefit from such notice. See 5 U.S.C. 553(b)(B). In this rule, FRA is merely incorporating the new statutory language of the FAST Act into an existing regulation, but FRA is exercising no discretion in doing so. See, e.g., Komjathy v. National Transp. Safety Bd., 832 F.2d 1294 (D.C. Cir. 1987), cert. denied by Komjathy v. Administrator, Federal Aviation Admin., 486 U.S. 1057 (1988).?Civil Penalty Schedules Inflation Adjustment ? AC63 ? 08/26/16? < 1 ? None ? : . ? FR 10/31/16 ? ? Abstract: FRA is amending, line-by-line, FRA's schedules of civil penalties (Schedules) issued as appendices to FRA's rail safety regulations to account for inflation. In the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, Congress recognized the important role civil monetary penalties play in deterring violations of Federal laws, regulations, and orders and determined that inflation has diminished the impact of these penalties. Inflation has eroded the deterrent effects of most of FRA's civil penalties because FRA did not increase the amounts to account for the effects of inflation. The new penalty amounts in this rule will maintain the deterrent effects of FRA's rail safety penalties, supporting FRA's mission to make the United States rail system safer.?FTA Non-Significant Rule(s) As of October 27, 2016 TitleRIN2132-Initiation DateAge(Years)Stat/Jud DeadlineLast Public ActionNext Scheduled Public ActionPart 771 Clean Up ? AB26 ? 07/06/12? 4 ? None ? None : . NPRM: . ? UNDET ? ? Abstract: This rulemaking would update the FTA and FHWA NEPA implementation regulations at 23 CFR Part 771 to include the provisions of MAP-21 sections 1305, 1308, 1309, and 1319. The regulatory updates will revise the regulations to coincide with the changes in the environmental review process for FTA/FHWA made by 23 U.S.C. 139. These changes include reduction in time periods in the environmental procedures that have already been implemented by FTA and FHWA, as well as any changes necessary to address the procedural coordination revisions in the environmental review process made by MAP-21.?PIPP ? AB27 ? 07/06/12? 4 ? None ? None ? NPRM 11/07/16 ? Abstract: This rulemaking proposes new, experimental procedures to encourage greater use of public-private partnerships and private investment in public transportation capital projects (PIPP). The proposed PIPP is aimed specifically at increased project management flexibility, more innovation in funding, improved efficiency, timely project implementation, and new revenue streams.?PTSCTP ? AB25 ? 11/13/14? 1 ? None ? : . ? FR 11/15/16 ? Abstract: This rulemaking would implement, as required by MAP-21, the Public Transportation Safety Certification Training Program (PTSCTP), which requires FTA to develop safety training requirements for: 1) Federal and State personnel who conduct safety audits and examinations of public transportation systems; and 2) personnel who are directly responsible for safety oversight at public transportation systems. This rulemaking will support the an interim safety certification training program (interim program) FTA has developed under RIN 2132-ZA02.?MARAD Non-Significant Rule(s) As of October 27, 2016 TitleRIN2133-Initiation DateAge(Years)Stat/Jud DeadlineLast Public ActionNext Scheduled Public ActionMarine Highway Corridor Expansion (RRR) ? AB84 ? 03/07/13? 3 ? None ? Notice of Availability/Expanded Marine Highway NPRM: Publication Approved ; ;End of C/P: . ? NPRM 11/25/16 ? Abstract: This rulemaking would broaden the definition of short sea transportation routes to include routes that do not have parallel landside routes and include freight ferry boats and cargoes shipped in discrete units. Previously, because the purpose of the law was limited to reducing landside congestion, it applied only to waterways that paralleled landside transportation routes thus excluding routes between islands. Pursuant to Section 405, of the Coast Guard and Maritime Transportation Act of 2012, the amended definition allows for the expansion of Marine Highway routes to include the Hawaiian Islands and other US ports. In addition, since the last PMR, the NDAA 2016 further defined marine highways to include ferry and wheeled cargo. Changes to scope of the law has necessarily triggered revisions to the draft rule. Revisions to the rule are meant to streamline and assist the end user when seeking MARAD program assistance.?MSPX ? AB85 ? 03/07/13? 3 ? None ? None ? FR 11/04/16 ? Abstract: This rulemaking would amend 46 CFR Part 296 to conform to the technical changes made to 46 U.S.C. Chapter 531 pursuant to Section 3508 of the National Defense Authorization Act of 2013. It would allow for the extension of the Maritime Security Program by updating 46 CFR Part 296, the current MSP implementing regulations.?American Fisheries Act Update ? AB86 ? 03/07/13? 3 ? None ? None ? FR 11/15/14 ? Abstract: This rulemaking would update 46 C.F.R. § 356.51 and 356.47 to conform to the amendments made to 46 U.S.C. 12113 by Coast Guard Authorization Act of 2010 and Coast Guard and Maritime Transportation Act of 2012. The rulemaking adds two new statutory exceptions to the restrictions on the eligibility of vessels over 165 feet in registered length to be documented with fishery endorsements, eliminates the 15-day application deadline for vessels whose fishery endorsements have become invalid, limits fishery endorsement eligibility for certain large fishing industry vessels, and eliminates certain exemptions for specific vessels.?NSA Regs (RRR) ? AB88 ? 03/06/15? 1 ? None ? None ? FR 03/31/16 ? ? Abstract: MARAD is reviewing its National Shipping Authority (NSA) regulations to determine whether they are up to date. NSA regulations contemplate that the United States Government, through the Maritime Administrator as Director of the National Shipping Authority, may enter into agreements with Agents to manage and operate vessels owned, controlled or chartered by the USA for national security and or national defense related operations. MARAD?s Office of Sealift Operations has recommended deletion of parts 328 (re. Slop Chests) and 338 (re. Lump Sum Contracts) as obsolete. Other recommended changes and updates include the deletion of the SE Asia program referring to the Vietnam era sealift (ended 40 years ago) and proposed increases in dollar amounts relating to emergency repair authority, General Agent voyage repair authority, and special equipment repair authority.?CPI Update 2016 ? AB89 ? 05/10/16? < 1 ? None ? : . : Publication Approved ; ;End of C/P: . Interim Final Rule: Publication Approved 06/24/2016; 06/30/2016;End of C/P: 07/30/2016. ? UNDET ? ? Abstract: This rulemaking would update the maximum civil penalty amounts for violations of statutes and regulations administered by MARAD pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvement Act of 2015. This action would also amend the regulations to reflect the new, adjusted civil penalty amounts MARAD may assess pursuant to 46 U.S.C. sections 12151(c), 31309, 31330 and 56101(e), 50113(b) and 50 U.S.C. 4513 for violations of procedures related to the American Fisheries Act, certain regulated transactions involving documented vessels, the Automated Mutual Assistance Vessel Rescue program (AMVER), and the Defense Production Act.?NHTSA Non-Significant Rule(s) As of October 27, 2016 TitleRIN2127-Initiation DateAge(Years)Stat/Jud DeadlineLast Public ActionNext Scheduled Public ActionAlternative Fuel Usage Labeling & Badging ? AK75 ? 12/19/07? 8 ? FR 06/19/11? None ? UNDET ? Abstract: This rulemaking would respond to requirements of the Energy Independence and Security Act of 2007 (EISA), Title 1, Subtitle A, Section 105, as it amends 49 USC § 32908, to implement Consumer Information and Consumer Education programs related to fuel economy, GHG, other emissions, and alternative fuels. EISA directs the Secretary of Transportation to label vehicles with a permanent and prominent display that an automobile is capable of operating on alternative fuels, and to include in the owner?s manual for vehicles capable of operating on alternative fuels information that describes that capability and the benefits of using alternative fuels, including the renewable nature and environmental benefits of using alternative fuels. Additionally, EISA requires a label to be attached to the fuel compartment of vehicles capable of operating on alternative fuels, with the form of alternative fuel stated on the label. EISA, signed into Law on December 19, 2007, requires that the Secretary issue a final rule not later than 42 months after the date of the enactment.?Accelerator Control Systems - Brake Override ? AK18 ? 02/12/08? 8 ? NPRM 08/28/09? NPRM 4/16/12; End of C/P: 6/15/12 Final Rule: . ? Withdrawal 12/29/16 ? Abstract: The agency is considering several revisions to FMVSS No. 124. First, we are considering revisions to the test procedures for vehicles with electronically controlled throttles as well as electric vehicles and hybrid vehicles. These test procedures are the product of several workshops and public meetings. We anticipate that all vehicles would be able to meet them because it would not involve changes to the existing basic requirements of the standard. Second, we are considering adding a new requirement for a brake-throttle override system on light vehicles. Under certain conditions, this would require that the braking system override the throttle control in the event of a conflict. All vehicle manufacturers are in the process of equipping all of their U.S. vehicles with such technology, if they have not done so already. We anticipate that this new requirement would accommodate the current and planned override technologies.?FMVSS 116 Upgrade Rubber for Brake Fluid Testing ? AK58 ? 08/12/09? 7 ? None ? NPRM 2/3/10; End of C/P: 4/5/10 SNPRM: . ? UNDET ? Abstract: This rulemaking would amend FMVSS No. 116, Motor vehicle brake fluids, so that brake fluids would be tested with ethylene propylene diene terpolymer (EPDM) rubber, as this type of rubber is increasingly used in brake fluid seals. This rulemaking would also update references to voluntary standards issued by the SAE International and the American Society for Testing and Materials.?* Keyless Ignition ? AK88 ? 02/22/11? 5 ? None ? NPRM: 12/12/2011; End of C/P: 03/12/2012 ? UNDET ? Abstract: FMVSS No. 114, Theft protection and rollaway prevention, has provisions that govern the operation of ignition systems in vehicles. This rulemaking would address emerging safety concerns that NHTSA has identified using consumer compliance data regarding keyless ignition controls that are not directly addressed by this standard. The concerns are drivers who are unable to shut down the propulsion system of their vehicle in the event of any on-road emergency; drivers who shut off the propulsion system without putting their vehicle in park and walk away from the vehicle, leaving it prone to roll away; and drivers who do put their vehicle in park, but inadvertently leave the propulsion system active increasing the risk of carbon monoxide poisoning in a closed environment. We anticipate that these new requirements would have little or no anticipated cost as they are based on a new Society of Automotive Engineers Recommended Practice J2948-20110. We believe that manufacturers already intend to follow that Practice voluntarily. The benefits for these new provisions would be reduced consumer confusion with these new controls and reduced potential risk of death or injury. However, because these systems are not widespread in current vehicles, their benefits cannot yet be readily quantified.?Adopt Pedestrian Safety GTR (RRR) ? AK98 ? 03/18/11? 5 ? None ? None ? UNDET ? Abstract: This rulemaking would provide requirements to protect pedestrian heads impacting vehicle hoods. NHTSA initiated this rulemaking following the establishment of the Global Technical Regulation (GTR) by the UNECE?s World Forum for the Harmonization of Vehicle Regulations (WP.29) in November 2008 and plans to base the new FMVSS on the GTR. A preliminary analysis indicates very nominal cost and benefits for a GTR-based head impact proposal. The agency expects to follow this rulemaking with a separate GTR-based proposal to protect pedestrian legs from the front end of vehicles.?* Window Glazing (RRR) ? AL03 ? 04/22/11? 5 ? None ? NPRM: 6/21/12; End of C/P: 8/20/12 Final Rule: . Undetermined: Publication Approved ; ;End of C/P: . ? Withdrawal 12/31/16 ? Abstract: This rulemaking would enhance FMVSS No. 205 by adopting a Global Technical Regulation (GTR), which contains updated performance tests for glazing materials that are composed of glass, laminated glass, or glass faced with plastic compared to what is currently in FMVSS No. 205. The tests in the GTR would allow manufacturers to achieve efficiencies in the certification process while not degrading safety or imposing new burdens.?Part 572 Q3s Side Impact Dummy ? AL04 ? 06/08/11? 5 ? FR 10/01/14? None ? FR 11/30/16 ? Abstract: This rulemaking would apply to a new anthropomorphic test device to be specified in Title 49, Part 572 of the CFR. The new device is a crash test dummy that represents a 3-year-old-child. The dummy, known as the Q3s, was developed to evaluate injuries to children in side impact crashes. If adopted into Part 572, NHTSA would be able to propose the new dummy?s use in future side impact upgrades of Federal Motor Vehicle Safety Standard No. 213, Child restraint systems. This rulemaking would be responsive to requirements of the Moving Ahead for Progress in the 21st Century (MAP-21) Act.?FMVSS 210 Force Application Device (RRR) ? AL05 ? 06/08/11? 5 ? None ? NPRM: 3/30/12; End of C/P: 5/29/12 ? UNDET ? Abstract: This rulemaking would amend Federal Motor Vehicle Safety Standard (FMVSS) No. 210, Seat belt assembly anchorages, to replace the existing body blocks for testing the strength of seat belts with a new Force Application Device and associated positioning procedure. Because the device is easier to use than the current body blocks, this rulemaking would simplify the compliance test of the standard and make NHTSA?s evaluation of seat belt anchorage strength more effective. We estimate the one-time cost of purchasing a set of these devices (approximately $40,000) would be offset by the continual labor cost savings in setting up the devices for testing. NHTSA?s testing has demonstrated that the proposed force application devices do not appear to affect the stringency of the standard.?Motor Vehicle Importation Amendments ? AL06 ? 12/16/11? 4 ? None ? : . ? UNDET ? Abstract: This rulemaking would set forth a draft new interpretation, and related proposed amendments to an existing regulation, concerning the statutes and regulations governing the importation of motor vehicles. It addresses motor vehicles (in new or used condition) that were originally manufactured as completed vehicles outside the United States but did not comply with and were not certified to applicable United States motor vehicle and motor vehicle equipment standards as so manufactured, and subsequently were partially disassembled and in total or in part offered for entry into the United States as motor vehicle equipment, instead of as a motor vehicle.?Occupant Crash Protection Technical Amendments ? AL07 ? 12/16/11? 4 ? None ? : . ? UNDET ? Abstract: This rulemaking would make technical amendments to Federal Motor Vehicle Safety Standard (FMVSS) No. 208 to update the references to the Pipeline and Hazardous Materials Safety Administration (PHMSA) regulations that are included in the requirements for pressure vessels and explosive devices used in occupant crash protection systems, such as air bags. As a result of various rulemakings that reorganized the relevant regulations, the references contained in FMVSS No. 208 are out of date. This rulemaking would also make a correction to the air bag warning label requirements for vehicle dashboards and steering wheel hubs to make clear that the general warning label requirements for vehicles with air bags are superseded by different, specific requirements if the vehicle is certified to meet certain advanced air bag requirements. This rulemaking does not make any substantive changes to the requirements specified in FMVSS No. 208.?Part 543 Immobilizer Devices ? AL08 ? 12/16/11? 4 ? None ? : . ? FR 12/30/16 ? Abstract: This rulemaking would make a technical amendment to 49 CFR part 543 by adding optional technical performance requirements for immobilizer devices that would allow manufacturers of passenger motor vehicles to obtain an exemption from the parts-marking requirements of the vehicle theft prevention standard for passenger motor vehicle lines that have, as standard equipment, an immobilization device that meets the added requirements.?Upgrade of LATCH Usability Requirements ? AL20 ? 02/27/12? 4 ? FR 10/01/15NPRM 10/01/13? None ? UNDET ? Abstract: This rulemaking would amend FMVSS No. 225, Child restraint anchorage systems, to improve the ease of use for lower anchorages and tether in all rear seating positions in accordance with the "Moving Ahead for Progress in the 21st Century Act" (MAP-21), P.L. 112-141, address comments on LATCH usability received in response to the LATCH public meeting held on February 8, 2007, and standardize features of LATCH for enabling simple and standardized consumer messaging to facilitate increased LATCH use and correct child seat installation. This upgrade of FMVSS No. 225 is in accordance with Section 6 of Executive Order 13563 (76 FR 3821, January 21, 2011) that urges agencies to conduct periodic retrospective evaluation of regulations and modify, streamline, expand, or repeal them in accordance with what has been learned from the evaluation.?Rapid Tire Deflation Test (RRR) ? AL24 ? 04/26/12? 4 ? None ? Final Rule: ;Effective Date . ? FR 12/31/16 ? Abstract: This rulemaking would clarify the rapid tire deflation test included in FMVSS No. 110, Tire Selection and Rims for Motor Vehicles. After a recent review of the standard by the agency, we have tentatively concluded that the rapid tire deflation test is unclear as currently stated with respect to testing of towed vehicles. NHTSA now plans to withdraw this proposed rule.?Vehicle Defect Reporting Requirements ? AL33 ? 07/06/12? 4 ? FR 09/30/15FR 10/01/13? None ? NPRM 11/29/16 ? Abstract: This rulemaking would require passenger motor vehicle manufacturers (a) to affix, in the glove compartment or in another readily accessible location on the vehicle, a sticker, decal, or other device that provides, in simple and understandable language, information about how to submit a safety-related motor vehicle defect complaint to the National Highway Traffic Safety Administration; ?(b) to prominently print the information described in subparagraph (A) within the owner?s manual; and ?(c) to not place such information on the label required under section 3 of the Automobile Information Disclosure Act (15 U.S.C. 1232). These requirements will apply to passenger motor vehicles manufactured in any model year beginning more than 1 year after the date on which a final rule is published.?Advanced Glazing and Anti-Ejection Countermeasures ? AL36 ? 07/06/12? 4 ? FR 10/01/14? None ? UNDET ? Abstract: In accordance with section 32703(b)(2) of MAP-21, this rulemaking would require motorcoach advanced glazing and anti-ejection safety countermeasures. NHTSA is considering portal improvements, such as advanced glazing, to prevent partial and complete ejection of motorcoach passengers, including children. In prescribing such standards, NHTSA will consider the impact of such standards on the use of motorcoach portals as a means of emergency egress. In 2007, NHTSA published its Approach to Motorcoach Safety describing the agency?s comprehensive strategy to improve motorcoach safety. NHTSA?s approach to motorcoach safety included four priority areas: reducing the risk of passenger ejection by requiring seat belts, improving rollover structural integrity, enhancing emergency evacuation, and upgrading fire safety. The U.S. Department of Transportation?s (DOT) Motor Coach Safety Action Plan, issued in 2009 and updated in 2012, reasserted NHTSA?s 2007 plan to reduce the risk of motorcoach passenger ejection by implementing new test procedures and more stringent window retention performance requirements for passenger ejection mitigation.?Electronic Disclosure of Odometer Requirements ? AL39 ? 07/06/12? 4 ? FR 12/30/15FR 04/01/14? None ? UNDET ? Abstract: Pursuant to MAP-21, this rulemaking would permit any written disclosures or notices and matters related to odometer information produced for the transfer of a vehicle to be provided electronically.?FMVSS No. 213 Upgrade ? AL34 ? 01/17/13? 3 ? NPRM 10/01/14FR 10/01/16? None ? NPRM 12/30/16 ? Abstract: In accordance with section 31501(b) of MAP-21, this rulemaking would upgrade FMVSS No. 213 seat assembly and test parameters. NHTSA is considering updates to the standard seat geometry, seat cushion stiffness, and seat belt assembly that better replicate real world conditions. In addition, revision to the frontal crash sled pulse is being considered to be more representative of crash pulses of the current vehicle fleet. Prior to MAP-21, the agency had expressed its intention of examining potential upgrades to the frontal sled test in FMVSS No. 213 in its 2009-2011 Priority Plan (76FR17808 Docket NHTSA-2009-0108).?Transfer and Sanction Programs Update ? AL45 ? 08/06/13? 3 ? None ? None ? UNDET ? ? Abstract: This rulemaking would update the Federal regulations to reflect the new legislative requirements of the Section 154 and 164 programs and make minor clarifications reflecting longstanding interpretations of the statutes and regulations. On July 6, 2012, the President signed into law the Moving Ahead for Progress in the 21st Century Act (MAP-21), Public Law 112-141. MAP-21 includes specific provisions related to 23 U.S.C. §§ 154 and 164. These provisions were first established as part of the Transportation Equity Act for the 21st Century (TEA-21) in 1998 to encourage States to enact Open Container laws (23 U.S.C. § 154) and Repeat Intoxicated Driver laws (23 U.S.C. § 164), also referred to as Repeat Offender laws, meeting minimum Federal standards. States that fail to meet the requirements of these provisions are penalized by the reservation of apportioned Federal-aid funds. A State may elect to use the reserved funds for alcohol-impaired driving programs (transfer to the State?s Section 402 apportionment) or to conduct Highway Safety Improvement Program (HSIP) eligible activities (release to the State Department of Transportation). MAP-21 amended the procedures for reservation and use of apportioned Federal-aid funds for both programs. In addition, MAP-21 amended one of the minimum requirements States must meet under the Section 164 program.?Use of ISO Warning Symbol for ABS Failure ? AL48 ? 09/11/13? 3 ? None ? None ? FR 12/30/16 ? Abstract: This rulemaking would amend the subject labeling requirement to accept the ISO warning symbol for ABS failure as an alternative to labeling on the indicator. Pursuant to the United States? recent adoption of GTR No. 3 on motorcycle brake system performance, NHTSA extensively revised FMVSS 122 to harmonize with GTR No. 3. The revised FMVSS is due to take effect on Sept. 1, 2014. Subsequent to the publication of the new FMVSS 122, NHTSA became aware that Motorcycle OEMs are unable to comply with a requirement in the revised standard by the effective date. The requirement at issue is that an ABS failure indicator lamp must be labeled with letters that are 3/32 inches high. As most current motorcycles will not meet this requirement, the OEMs would incur significant cost to re-manufacture their indicators, and there is insufficient lead time to comply when the new requirement takes effect next year. Most OEMs currently use the ISO symbol, and they suggested this course of action to NHTSA. This rulemaking would allow the use of the ISO symbol as an alternative to meet S5.1.10.2(c) of FMVSS 122, and would make a corresponding amendment to include the ISO symbol in Table 3 of FMVSS 123 since the symbol is not currently identified in any NHTSA standard.?Upgrade of Rear Impact Guard Requirements ? AL58 ? 09/03/14? 2 ? None ? None ? UNDET ? Abstract: This rulemaking would consider upgrades to FMVSS No. 223, Rear impact guards, and FMVSS No. 224, Rear impact protection, for improving rear underride crash protection on trailers and semitrailers. This rulemaking would respond to a petition for rulemaking from the Insurance Institute for Highway Safety (IIHS) that requested a number of modifications to FMVSS Nos. 223 and 224 to improve rear underride protection for trailers and semitrailers. It would also respond, in part, to a petition for rulemaking from Mrs. Karth and the Truck Safety Coalition requesting improving rear impact guards on trailers and semitrailers as outlined in the July 10, 2014 grant of the petition. The costs associated with this rulemaking are not expected to be significant. This rulemaking action is in accordance with the U.S. DOT?s plan, Retrospective Review and Analysis of Existing Rules, for the implementation of Section 6 of the Executive Order 13563 (76 FR 3821, January 21, 2011) that urges agencies to conduct periodic retrospective evaluation of regulations and modify, streamline, expand, or repeal them in accordance with what has been learned from the evaluation. This rulemaking was downgraded to nonsignificant and will not appear in next month's report.?Part 512 Confidential Business Information ? AL62 ? 06/11/15? 1 ? None ? NPRM: 01/04/2016;End of C/P: 03/04/2016. ? UNDET ? Abstract: 49 CFR 512 contains the procedures and standards by which NHTSA will consider claims that information submitted to the agency is entitled confidential treatment under 5 U.S.C. 552(b). The current regulation provides that NHTSA will respond to all requests for confidential treatment within a reasonable time. The growth of the number of entities regulated by NHTSA, the expansion of the Agency's regulatory responsibilities and the tremendous growth in the amount of data encompassed by requests because of the advent of electronic data have combined to make processing these requests unduly burdensome. To preserve agency resources, this rulemaking would establish that NHTSA would only process requests for confidential treatment when it receives a FOIA request for the data, when a review and response are needed to ensure that requests are properly submitted or when a review and response are in the public interest. The rule also would modify the existing procedures for submitting requests for confidential treatment by providing a means by which submitters can provide their requests to NHTSA by either following the existing requirements for hardcopy submissions or by making their requests electronically. This rulemaking would increase efficiency and save the submitted costs for delivery of the material to NHTSA.?Remove Sunset Date for Retrofit Air Bag On-Off ? AL64 ? 08/12/15? 1 ? None ? None ? UNDET ? Abstract: This rulemaking would amend Subpart B of 49 CFR Part 595, Retrofit on-off switches for air bags, by removing the sunset date to permit motor vehicle dealers and repair businesses to install retrofit air bag on-off switches for frontal air bags in vehicles owned by, or used by, persons whose request for a switch has been approved by the agency; revising the retrofit air bag on-off switch criteria; updating and revising the informational brochure and forms; incorporating the request for retrofit air bag on-off switches for emergency service vehicles as an Appendix to Part 595; and specifying in Subpart B the process for requesting deactivation of frontal air bags in certain, limited situations, which the agency has described in previous notices, but had not previously codified.?UTQGS Treadwear Test Alternate Course ? AL65 ? 08/12/15? 1 ? None ? : . ? UNDET ? Abstract: This rulemaking would remove the alternate treadwear test course added to the Uniform Tire Quality Grading Standards (UTQGS) in an interim final rule published in November 2013. The alternate test course was added due to an emergency situation which resulted when flooding caused extensive damage to the treadwear test course, and because the affected portions of the course were expected to be inaccessible for an indeterminate length of time. As the affected portions of the course are now accessible, and NHTSA does not anticipate another situation where it would be inaccessible for an indeterminate length of time, we no longer believe the alternate course is necessary.?Part 577 Defect and Noncompliance Notifications ? AL66 ? 08/12/15? 1 ? None ? ANPRM: ;End of C/P: . ? UNDET ? Abstract: Under the agency's regulation, 49 CFR Part 577, NHTSA requires manufacturers of motor vehicles and motor vehicle equipment to inform owners, dealers, and distributors about defects related to motor vehicle safety or a noncompliance with the federal motor vehicle safety standards. In the Moving Ahead for Progress in the 21st Century Act (MAP-21) Congress authorizes the Secretary of Transportation to amend the means of notification required under 49 U.S.C. §30118, to be in a manner other than, or in addition to, first-class mail. MAP-21 also authorizes the Secretary of Transportation to improve the efficacy of recalls by requiring manufacturers to send additional notifications of defects or noncompliance if a second notification by the manufacturer does not result in an adequate number of motor vehicles or replacement equipment being returned for remedy. 49 U.S.C.§ 30119(e). This ANRPM is the most appropriate course to obtain additional information that will help us decide which means are the most effective in motivating owners, purchasers, and dealers to participate in recall campaigns, to aid the agency in developing a rule implementing the notification requirements under MAP-21.?Part 595 Vehicle Modifications for FMVSS No. 216 ? AL67 ? 10/21/15? 1 ? None ? NPRM: ;End of C/P: . ? UNDET ? ? Abstract: This rulemaking would amend 49 CFR Part 595, Subpart C, Make Inoperative Exemptions, Vehicle Modifications to Accommodate People With Disabilities, to include a new exemption relating to the Federal motor vehicle safety standard for roof crush resistance. The exemption would facilitate the mobility of physically disabled drivers and passengers. This document responds to a petition from Autoregs Consulting, Inc. on behalf of The National Mobility Equipment Dealers Association.?Upgrade FMVSS No. 305 ? AL68 ? 12/14/15? < 1 ? None ? NPRM: ;End of C/P: . ? UNDET ? ? Abstract: This rulemaking would update FMVSS No. 305 in response to petitions for reconsideration from Toyota Motor Company and the Auto Alliance to facilitate the introduction of fuel cell vehicles and 48 volt mild hybrid technologies (vehicles with zero/low emissions and high fuel efficiency) in the United States. The rule would provide an additional optional method of meeting post-crash electrical safety requirements in FMVSS No. 305 that would involve physical barriers of high voltage sources and add electrical safety requirements during normal use of electric powered vehicles. The rule would align the electrical safety requirements in FMVSS No. 305 with those in current industry standards and other international regulations.?49 CFR Part 510 Information Gathering Powers ? AL69 ? 12/14/15? < 1 ? None ? None ? NPRM 11/30/16 ? ? Abstract: This rulemaking would establish certification requirements for a company submitting information to the National Highway Traffic Safety Administration (NHTSA) in response to a request for information in a safety defect or compliance investigation, as authorized by Section 31304 of the Moving Ahead for Progress in the 21st Century Act (MAP-21). This rule would update the agency's information gathering regulation, 49 CFR Part 510, to conform with the agency's information gathering practices and modernize its provisions. The rule would incorporate requests for information in a safety defect or compliance information into the regulation, as a part of enacting the certification requirement. It would also make other changes to update or clarify the existing provisions of the regulation, which have not changed since the agency adopted the regulation in 1980.?Responsibility for Defects and Noncompliances ? AL70 ? 01/11/16? < 1 ? None ? None ? NPRM 11/30/16 ? ? Abstract: This rulemaking would prescribe a new regulation changing 49 U.S.C. 30102(b)(1)(F) and (G) to allocate equitably responsibility for defects and noncompliances between motor vehicle and motor vehicle equipment manufacturers, pursuant to the authority granted to the Secretary by 49 U.S.C. 30102(b)(2), to better reflect the realities of the modern relationship between motor vehicle and motor vehicle equipment manufacturers within the automotive industry. In light of the above, this rulemaking would require that 49 CFR Parts 573 and 577 be updated as necessary.?* 2017 High-Theft & Exempted Vehicle Listing ? AL72 ? 01/13/16? < 1 ? None ? None ? FR 11/30/16 ? ? Abstract: This rulemaking would update the regulation to amend Appendix A to list the likely high-theft light duty truck lines that are subject to the parts-marking requirements of the theft prevention standard and to amend Appendix A-I to include vehicle lines that are exempted from the parts-marking requirements beginning with model year 2017.?Part 594-Schedule of Fees ? AL74 ? 05/25/16? < 1 ? None ? : . ? NPRM 11/30/16 ? ? Abstract: This rulemaking would amend NHTSA's regulations establishing fees authorized by 49 U.S.C. 30141 for the purpose of reimbursing the government for certain costs incurred in administering the vehicle importation program. The amendments will adjust the fees to the level necessary for the government to recover the agency's actual costs. The agency is required under 49 U.S.C. 30141(e) to review and adjust these fees at least every two years. The fees were last adjusted in September 2014.?Rear Visibility Reconsideration ? AL75 ? 05/25/16? < 1 ? None ? Final Rule: ;Effective Date . ? Reconsideration of FR 11/30/16 ? ? Abstract: This rulemaking would respond to petitions for reconsideration of the final rule that expanded the rear visibility in passenger cars, trucks, buses, multi-purpose passenger vehicles, and low-speed vehicles. The petitions for reconsideration included a request to modify the phase-in schedule and modifications to the test procedure details.?OST Non-Significant Rule(s) As of October 27, 2016 TitleRIN2105-Initiation DateAge(Years)Stat/Jud DeadlineLast Public ActionNext Scheduled Public ActionSSI-TSA ? AD59 ? 09/02/02? 14 ? None ? Interim Final Rule: 05/18/2004; End of C/P: 07/19/2004. ? FR 01/02/17 ? 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. Upon closer review, the Department has decided the provisions of this rulemaking action are not significant. This rulemaking action will not appear on next month?s report.?On-demand Air Taxi Services ? AD66 ? 08/04/06? 10 ? None ? ANPRM: 01/26/07; End of C/P: 03/27/07. NPRM: 09/30/13; End of C/P: 11/29/13. NPRM: Publication Approved 09/17/2013; 09/30/2013;End of C/P: 11/29/2013. NPRM: Publication Approved 09/17/2013; 09/30/2013;End of C/P: 11/29/2013. ? FR 10/30/17 ? Abstract: The U.S. Department of Transportation (Department) is seeking comment on the following proposals to strengthen the legal protections provided to consumers for charter air transportation: (1) enumerating certain prohibited unfair and deceptive practices by air taxis registered with the Department under 14 CFR Part 298 and, as recommended by the National Transportation Safety Board (NTSB), requiring air taxis that sell charter air transportation, but rely on others to perform that air transportation, to disclose, among other things, at the time an air charter contract is arranged and anytime thereafter if such information changes, the name of the direct air carrier actually operating that service and any other name in which that direct air carrier holds itself out to the public; (2) creating a new class of indirect air carriers (i.e., air charter brokers) to provide single entity charter air transportation of passengers aboard large and small aircraft, establishing required disclosures for air charter brokers to give to their customers, and enumerating certain prohibited unfair and deceptive practices by air charter brokers; (3) codifying the exemption authority granted in 1983 to the class of indirect air carriers that provide air ambulance services and establishing required disclosures by such carriers to the public; and (4) making clear and codifying that the air services performed under contract with the Federal Government are in common carriage.?Aviation Rule Cleanup ? AD86 ? 03/05/09? 7 ? None ? None. ? UNDET ? Abstract: This rulemaking action would amend the aviation economic rules by removing or updating any outdated references, definitions, terminology, and forms. The purpose of these amendments is to make certain the most current and accurate references to the law are provided within the aviation economic regulations. The amendments would not require substantive changes to the regulations. This rulemaking would make technical amendments to statutory references, update titles and addresses of offices, and remove certain appendices, sections, and forms that are no longer relevant.?Time Zone Corrections ? AE09 ? 12/09/10? 5 ? None ? None. ? UNDET ? Abstract: This rulemaking would amend 14 CFR Part 71 to reflect statutory changes and make other, minor editorial corrections. This action is taken on the Department?s initiative.?Time Zone ? AE20 ? 10/02/12? 4 ? None ? None. ? UNDET ? Abstract: This rulemaking would update and amend the regulation to reflect changes mandated by Congress in U.S.C. 260-267. This action would ensure the regulation accurately reflects the Federal law and would reduce confusion over ambiguous language and inconsistencies.?Passenger Vessel Accessibility Standards ? AE23 ? 01/18/13? 3 ? None ? None. ? UNDET ? Abstract: This rulemaking would amend the Department?s rules implementing the Americans with Disabilities Act (ADA) by adopting as its standards revised accessibility guidelines proposed by the Access Board with regard to passenger vessels. The Americans with Disabilities Act requires that our standards be consistent with the minimum guidelines set by the Access Board.?Professional Credential Requirement ? AE24 ? 02/24/13? 3 ? None ? None. ? UNDET ? Abstract: This rulemaking would add drug and alcohol counselors certified by the National Association of Forensic Counselors (NAFC), specifically the Master Addictions Counselor (MAC), Certified Chemical Dependency Counselor (CCDC), and Certified Additions Specialist (CFAS), to the list of credentialed professionals eligible to serve as substance abuse professionals (SAPs) under subpart O of 49 CFR part 40. The intended effect of this proposed rule is to expand the list of credentials in 49 CFR Part 40.281 to include the MAC, CCDC, and CFAS certified by the NAFC as an acceptable credential to become a SAP in the Department of Transportation?s (DOT) drug and alcohol testing program.?TAR Updates ? AE26 ? 04/01/13? 3 ? None ? None ? Interim FR 11/25/17 ? Abstract: This rulemaking would update the Transportation Acquisition Regulation to reflect changes to the Federal Acquisition Regulation, to reflect organizational changes in the Department, to incorporate recent statutory changes and government mandates, and to accomplish editorial changes for clarification.?Reporting of Statistics For Mishandled Baggage/WC ? AE41 ? 05/08/15? 1 ? None ? NPRM: 07/15/2011; End of C/P: 09/13/2011 ? FR 11/14/16 ? Abstract: This rulemaking would change the way the Department computes mishandled baggage rates from mishandled baggage reports per domestic enplanement to mishandled bags per checked bags. It also addresses the data gap for mishandled wheelchairs and scooters used by passengers with disabilities. The Department bifurcated its rulemaking on reporting of airline ancillary passenger revenue into two separate rules – this rule to address computation of mishandled baggage and wheelchair rates (2104-AE41), and the another rule to address reporting of airline ancillary passenger revenues (2105-AE31). These rulemakings were split into two separate rules as they address unrelated matters and splitting these rules apart makes it easier for the public to search for a particular topic embodied by each separate rule. Additionally, any delays in finalizing one issue would not unnecessarily cause a delay in the other. After further review, it has been determined that this rulemaking constitutes a nonsignificant regulatory action; therefore, it will not appear on future Internet reports on significant rulemakings.?Age Discrimination Act ? AE44 ? 09/10/15? 1 ? None ? None. ? UNDET ? Abstract: This rulemaking would establish DOT regulations to implement the Age Discrimination Act of 1975, as amended. The Act, which applies to persons of all ages, prohibits discrimination on the basis of age in programs receiving Federal financial assistance, but permits the use of certain age distinctions and factors other than age that meets the Act's requirements. This rulemaking would fulfill the obligation of DOT to issue agency-specific rules under the Act, clarify the responsibilities of DOT recipients under the Act, and describe the DOT investigation, conciliation, and enforcement procedures to ensure compliance.?Origin - Destination Survey ? AE45 ? 10/20/15? 1 ? None ? None ? UNDET ? ? Abstract: As required by Executive Order 13610, the Department of Transportation has conducted a review of its regulations concerning the collection of Origin-Destination Survey of Airline Passengers to determine whether those regulations should be modified, streamlined, expanded, or repealed. The rulemaking would address significant changes in industry practice and technology since the original data collection methodology was developed in the 1960s. The rulemaking would update the data collection methodology to simplify the reporting rules, relieve small entities from the burden of reporting, and improve data accuracy, representativeness, and utility for all data users, including the reporting airlines. The Department anticipates substantial benefits to users of the data.?Insider Threat Program SORN ? AE46 ? 02/18/16? < 1 ? None ? None ? NPRM 05/30/16 ? ? Abstract: This rulemaking would amend the Department of Transportation's regulations at 49 CFR part 10, Maintenance of and Access to Records Pertaining to Individuals, to exempt a new Department of Transportation system of records, DOT/ALL-XX Insider Threat Program, from certain requirements of the Privacy Act to protect classified information from disclosure and to preserve the integrity of insider threat inquiries and the identity of sources in such inquiries.?Tarmac Delay Records and Comfortable Cabin Temp ? AE47 ? 04/11/16? < 1 ? None ? None ? UNDET ? ? Abstract: This rulemaking would consider whether to require covered air carriers to keep and maintain records documenting when they (1) notify passengers about the status of a flight delay; (2) notify passengers when they have the opportunity to deplane if such an opportunity is available; and (3) provide food and water to passengers. In addition, this rulemaking would explore what constitutes a "comfortable" cabin temperature inside an aircraft when passengers do not have an opportunity to deplane and whether to impose a requirement that covered carriers maintain a comfortable cabin temperature at all times when passengers do not have an opportunity to deplane. This rulemaking would also explore whether to revise the existing tarmac delay rule (14CFR259.4) to clarify that covered carrier, when calculating the length of tarmac delays for reporting purposes, including the time when an aircraft is at the gate with passengers on board and the crew has not made an announcement to deplane if an opportunity to deplane exists.?Tarmac Delay Food and Water ? AE48 ? 04/11/16? < 1 ? None ? None ? UNDET ? ? Abstract: This rulemaking would propose to revise the tarmac delay rule to clarify that covered carriers must provide adequate food and water to passengers within 2 hours after passengers no longer have the opportunity to deplane.?Civil Penalty Update ? AE51 ? 04/11/16? < 1 ? FR 07/01/16? : . ? UNDET ? ? Abstract: In accordance with the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, the Department of Transportation is issuing an interim final rule to adjust for inflation the maximum civil penalties for violations of certain aviation economic statutes and the rules and orders issued thereunder.?Refunds for Delayed Baggage ? AE53 ? 04/14/16? < 1 ? None ? None ? ANPRM 11/02/16 ? ? Abstract: The Department of Transportation (DOT or Department) is seeking comment on the effects and implications of requiring airlines to refund checked baggage fees when they fail to deliver the bags in a timely manner.?Frequent Flyer Program ? AE55 ? 07/08/16? < 1 ? None ? None ? UNDET ? ? Abstract: The Department will seek input on what constitutes reasonable notice for consumers regarding changes to frequent flyer program terms and conditions.?PHMSA Non-Significant Rule(s) As of October 27, 2016 TitleRIN2137-Initiation DateAge(Years)Stat/Jud DeadlineLast Public ActionNext Scheduled Public ActionOHMS: Adoption of ASME and Nat'l Board Codes ? AE58 ? 03/31/09? 7 ? None ? ANPRM published 12/23/2010; C/P extension published 3/1/2011; C/P closed 5/23/2011. NPRM published 12/30/2013; C/P closed 4/30/2014. SNPRM published 4/29/2016; C/P closed 6/28/2016. ? FR 01/09/17 ? Abstract: This rulemaking would amend the HMR to revise existing requirements applicable to the design, construction and certification of cargo tank motor vehicles and cryogenic portable tanks and to reference the standards in the American Society of Mechanical Engineers (ASME) Boiler and Pressure Vessel Code Section XII. The rule would also amend the continuing qualification and maintenance requirements for cargo tank motor vehicles and portable tanks to reference the National Board Boiler and Pressure Inspectors? National Board Inspection Code. We would solicit comments to identify gaps or inconsistencies between current requirements and the consensus standards which would be considered for adoption into the HMR. This rulemaking would address two petitions for rulemaking to incorporate the above referenced consensus standards for transport tanks.?OHMS: DOT Specification Cylinders (RRR) ? AE80 ? 04/15/11? 5 ? None ? ANPRM published 5/29/2012; C/P closed 8/27/2012. NPRM published 7/26/2016; C/P closed 9/26/2016. ? FR 08/29/17 ? Abstract: This rulemaking would propose revisions to certain requirements of the Hazardous Materials Regulations (HMR) applicable to the manufacture, maintenance, and use of DOT specification cylinders. These revisions would clarify certain important safety requirements, incorporate industry consensus standards and, where appropriate, decrease the regulatory burden without compromising the safe transportation of compressed gases in commerce. This rulemaking responds to eleven petitions for rulemaking, incorporates two special permits into the HMR, and addresses the National Transportation Safety Board (NTSB) Recommendation I-93-1. Among other provisions, PHMSA is expected to put forth proposals to address fire suppression systems, clarification of cylinder specification and requalification requirements, and adoption of new and update current incorporations by reference of industry consensus standards issued by the Compressed Gas Association.?OPS: Plastic Pipe Rule (RRR) ? AE93 ? 05/11/12? 4 ? None ? none ? FR 12/30/16 ? Abstract: In this rule, PHMSA is amending the natural and other gas pipeline safety regulations (49 CFR Part 192) to address regulatory requirements involving plastic piping systems used in gas services. These amendments are intended to correct errors, address inconsistencies, and respond to petitions for rulemaking. The requirements in several subject matter areas are affected, including incorporation of tracking and traceability provisions; design factor for polyethylene (PE) pipe; more stringent mechanical fitting requirements; updated and additional regulations for risers; expanded use of Polyamide-11 (PA-11) thermoplastic pipe; incorporation of newer Polyamide-12 (PA-12) thermoplastic pipe; and incorporation of updated and additional standards for fittings.?OPS: OQ, Cost Recovery & Other (RRR) ? AE94 ? 05/11/12? 4 ? FR 07/03/13? NPRM 7/10/2015 ? FR 12/30/16 ? Abstract: PHMSA is amending the pipeline safety regulations to address requirements of the Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011 (2011 Act), and to update and clarify certain regulatory requirements. Under the 2011 Act, PHMSA is adding a specific time frame for telephonic or electronic notifications of accidents and incidents and adding provisions for cost recovery for design reviews of certain new projects. Among other provisions, PHMSA is adding a procedure for renewal of expiring special permits, and for submitters of information requesting PHMSA to keep some information confidential. In addition, PHMSA is amending the operator qualification (OQ) requirements, drug and alcohol testing requirements, and incorporating consensus standards by reference for in-line inspection (ILI) and Stress Corrosion Cracking Direct Assessment (SCCDA).?OHMS: Update Rail Carrier Regulations (RRR) ? AF07 ? 03/03/14? 2 ? None ? N/A ? NPRM 11/17/17 ? Abstract: PHMSA is considering amendments that would enhance safety and revise and clarify the Hazardous Materials Regulations (HMR) applicable to the transportation of hazardous materials by rail. In accordance with Executive Order 13563, Regulatory Review and Reinvention (E.O. 13563; January 18, 2011), the Federal Rail Administration (FRA) has completed an internal review of the existing regulations set forth by PHMSA in 49 CFR Part 174, which apply to persons who accept and transport hazardous materials by rail. Using the principals set forth in E.O. 13563, FRA has reviewed the regulations in Part 174 and other relevant sections of the HMR, and identified regulations that are outdated, unclear, no longer necessary, may present an undue economic burden on the regulated community, conflict with other North American standards and regulations, or do not sufficiently address technological advancements in the railroad operating environment. Further, FRA has identified several trends in industry practices and operating procedures that present new and different risks to safety that should be addressed in Part 174 of the HMR. This rulemaking would more fully align the HMR with the results of the FRA review and would update, clarify, correct and provide relief of certain regulatory requirements applicable to the transportation of hazardous materials by rail.?OHMS: Miscellaneous Petitions (RRR) ? AF09 ? 03/13/15? 1 ? None ? NPRM: 6/30/2016; End of C/P 8/29/2016. ? FR 03/28/17 ? Abstract: PHMSA is considering amendments that would propose adoption of petitions to PHMSA that propose only minor changes to the regulations for clarification, enhanced safety, or economic benefit with no reduction in the level of safety. It responds to petitions that offer more efficient and effective ways of achieving the shared goal of safe and secure transportation of hazardous materials in commerce. These petitions that were submitted according to PHMSA's rulemaking procedure regulations, in 49 CFR 106.95, which provide for persons to ask PHMSA to add, amend or delete a regulation by filing a petition for rulemaking containing adequate support for the requested action. This action would be in support of governmental efforts to provide regulatory relief to the regulated community while enhancing existing safety.?OHMS: Revisions for Carriage by Aircraft (RRR) ? AF10 ? 03/13/15? 1 ? None ? N/A ? NPRM 10/28/16 ? Abstract: PHMSA is considering amendments that would enhance safety and revise and clarify the Hazardous Materials Regulations (HMR) applicable to the transportation of hazardous materials by air. Specifically, this would propose revisions to the notification of the pilot-in-command (NOTOC) requirements to harmonize with international regulations. The current requirements for NOTOC as contained in 49 CFR 175.33 are not fully harmonized with the ICAO Technical Instructions for the Safe Transport of Dangerous Goods by Air (2013-2014 Edition). The ICAO TI contains specific requirements for the air operator to provide a copy of the NOTOC to the flight dispatcher, and for the air operator to obtain and retain a confirmation that the NOTOC was received and agreed to by the pilot. These provisions do not appear in the HMR, even though they have been deemed critical requirements by the International Civil Aviation Organizations Dangerous Goods Panel (ICAO DGP) and the National Transportation Safety Board (NTSB).?OPS: Periodic Standards Update (RRR) ? AF13 ? 07/15/15? 1 ? None ? None ? NPRM 04/28/17 ? Abstract: This NPRM proposes to incorporate by reference all or parts of new, updated, or reaffirmed editions of voluntary consensus standards. The practice of incorporating voluntary consensus standards allows pipeline operators to use the most current industry technologies, materials, and management practices available on today's market. PHMSA is also proposing to make non-substantive edits and to clarify regulatory language in certain provisions. These proposed changes would be relatively minor, and would not require pipeline operators to undertake any significant new pipeline safety initiatives.?OPS: State Program Decertification ? AF14 ? 07/21/15? 1 ? None ? N/A ? NPRM 10/31/16 ? Abstract: After a State becomes certified to regulate its intrastate facilities, the Secretary may monitor a safety program to ensure that the program complies with the certification. If PHMSA determines that the State is not satisfactorily enforcing compliance with applicable prescribed safety standards, PHMSA may reject the certification, assert U.S. Government jurisdiction, or take other appropriate action to achieve adequate enforcement. This rulemaking proposes to codify the administrative process and procedures PHMSA proposes to follow if a State is found to have such deficiencies in its pipeline safety program that it is not satisfactorily complying with the certification requirements and the statute. The proposed process and procedures would include a finding of unsatisfactory compliance elements, considerations and alternatives before PHMSA rejects a State's certification or takes other appropriate action to ensure compliance, providing a State with notice and an opportunity for a hearing before PHMSA takes final action, and reinstatement of State certification.?OHMS: Harmonization International Standards (RRR) ? AF18 ? 01/01/16? < 1 ? None ? N/A ? UNDET ? Abstract: The Federal hazardous materials transportation law requires the Secretary of Transportation to ensure that, to the extent practicable, regulations governing the transportation of hazardous materials in commerce are consistent with standards adopted by international authorities (49 U.S.C. 5120(b)). Proposals in this rulemaking include, but are not limited to: the introduction of regulatory requirements to address polymerizing substances, testing criteria for polymeric beads to be excepted from regulation, transport provisions for engines and machinery powered by internal combustion engines or fuel cells, changes to the hazard communication requirements for lithium batteries, the revision of various entries in the hazardous materials table to maintain global alignment, and the incorporation by reference of various international standards. We expect the regulatory changes will result in minimal compliance costs for the regulated industry.?OHMS: Revisions to Hazmat Grants ? AF19 ? 01/04/16? < 1 ? None ? N/A ? UNDET ? Abstract: PHMSA proposes to revise its regulations pertaining to the Hazardous Materials grants program to incorporate the Office of Management and Budget's Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, and to implement new requirements set forth by the Fixing America's Surface Transportation (FAST) Act of 2015. PHMSA invites all interested persons to provide comments regarding these intended revisions.?OPS: Inflation Adjustment ? AF16 ? 01/14/16? < 1 ? FR 06/01/16? None ? UNDET ? Abstract: PHMSA is increasing the maximum civil penalties for any person who is determined to have violated a provision of 49 U.S.C. 60101 et seq., or any regulation or order issued thereunder to a civil penalty not to exceed $206,000 for each violation for each day and to $2,060,000 for any related series of violations. In addition to the above penalties, the penalty for any person who is determined to have violated any standard or order under 49 U.S.C. 60103 or 60111 (liquefied natural gas pipeline facilities) is increased to not more than $51,500 for each violation. The maximum penalty for any person who is determined to have violated a standard or order under 49 U.S. C. 60129 is increased to a civil penalty of not more than $1,030 for each violation, which may be in addition to other penalties to which such a person may be subject under paragraph(a) of this section. These adjustments are required by the Federal Civil Penalties Inflation Adjustment Act of 2015.?OHMS: Revisions to Civil Penalties ? AF23 ? 03/29/16? < 1 ? FR 08/01/16? N/A ? UNDET ? Abstract: PHMSA is revising the references in its regulations to the maximum and minimum civil penalties for a knowing violation of the Federal hazardous material transportation law or a regulation, order, special permit, or approval issued under that law. The President signed the "Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015" (the 2015 Act) (Sec. 701 of Public Law 114-74), which further amended the Federal Civil Penalties, Inflation Adjustment Act of 1990 (the Inflation Adjustment Act) (Public Law 101-410) which requires Agencies to now annually adjust civil monetary penalties through interim final rulemaking. The maximum civil penalty for a knowing violation is now $77,114, except that the maximum civil penalty is $179,933 for a violation that results in death, serious illness, or severe injury to any person or substantial destruction of property. In addition, the minimum civil penalty amount of $463 applies to a violation relating to training.?OHMS: PIPES Act of 2016 CT ID Numbers ? AF25 ? 06/21/16? < 1 ? Other 09/21/16? N/A ? ANPRM 10/26/16 ? Abstract: In accordance with the Protecting our Infrastructure of Pipelines and Enhancing Safety (PIPES) Act of 2016, PHMSA will publish within 90 days an ANPRM to take public comment on the petition for rulemaking dated October 28, 2015, titled "Corrections to Title 49 CFR 172.336 Identification numbers; special provisions" (P-1667). Any comments, data, and information received will be used to evaluate and shape the proposals in a potential NPRM.?OPS: Enhanced Emergency Order Procedures ? AF26 ? 08/16/16? < 1 ? FR 08/22/16? N/A ? Interim FR 10/03/16 ? Abstract: This interim final rule (IFR) establishes regulations implementing the emergency order authority conferred on the Secretary of Transportation by the Protecting our Infrastructure of Pipelines and Enhancing Safety Act of 2016 (PIPES Act of 2016 or Act). These regulations are mandated by the PIPES Act of 2016 and establish procedures for the issuance of emergency orders (restrictions, prohibitions) to address unsafe conditions or practices posing an imminent hazard. The purpose of these requirements is to improve PHMSA's existing enforcement authority to allow us to respond immediately and effectively to conditions or practices that pose serious threats to life, property, or the environment.?OHMS: Misc Response to Appeals and Corrections ? AF27 ? 08/31/16? < 1 ? None ? N/A ? FR 03/28/17 ? Abstract: This rulemaking responds to administrative appeals received in response to our June 2, 2016 (HM-218H; 81 FR 35483) miscellaneous amendments final rule which made revisions to the Hazardous Materials Regulations (HMR; 49 CFR 171-180) to update and clarify certain regulatory requirements. In this rule, we are responding to appeals by extending the compliance date by 1-year for the new packaging requirements for nitric acid and the new prohibition of using alphanumeric telephone numbers for the emergency response telephone number. Additionally, we are responding to appeals by clarifying certain typographical errors in the table for periodic testing and inspection for cargo tanks. Furthermore, we are further clarifying the requirements applicable to the testing of pressure relief devices for cargo tank motor vehicles.?* OHMS: Sampling and Testing ? AF28 ? 10/12/16? < 1 ? None ? N/A ? Interim FR 12/30/16 ? Abstract: This rulemaking proposes to revise sampling and testing program requirements to require particular sampling methods, test methods, and criteria for vapor pressure tests conducted on unrefined petroleum-based products, such as petroleum crude oil. Specifically, this rulemaking proposes that persons who offer unrefined petroleum-based products for transportation, regardless of mode of transportation, apply particular methods for conducting vapor pressure testing. This rulemaking proposes that shippers must rely on the most appropriate methods and uniform sampling and testing techniques available to provide a high level of confidence in reported vapor pressures of unrefined petroleum-based products in transportation. This rulemaking has been informed by actions of PHMSA field personnel who have been conducting sampling, testing, and analysis of crude oil since 2013 and initial findings of the Sandia Study. PHMSA encourages persons to participate in this rulemaking by submitting comments containing relevant information, data, or views. ................
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