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Table of Contents

Bureau of Transportation Statistics

1. Reporting of Airline Delays and Cancellations under 14 CFR Part 234

 

Federal Aviation Administration

2. Fuel System Vent Fire Protection

 

3. Improved Survival Equipment for Inadvertent Water Landings

 

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

 

5. Drug Enforcement Assistance

 

6. Revision of Part 108, Aircraft Operator Security

 

7. Revision of Part 107, Airport Security

 

8. Aging Aircraft Safety

 

9. Aircraft Ground Deicing and Anti-Icing Program

 

10. Corrosion Prevention and Control Program

 

11. Revised Access To Type III Exits

 

12. National Air Tour Safety Standards

 

13. Training and Checking In Ground Icing Conditions - (Deicing - Part 135)

 

14. Revision of Emergency Evacuation Demonstration Procedures to Improve Participant Safety

 

15. National Parks Air Tour Management

 

16. Flight Crewmember Duty Limitations and Rest Requirements

 

17. False and Misleading Statements Regarding Aircraft Parts

 

18. Identical Security Measures

 

19. Noise Limitations for Aircraft Operations in the Vicinity of Grand Canyon National Park

 

20. Prohibition of the Transportation of Devices Designed as Chemical Generators as Cargo in Aircraft

 

21. Licensing and Safety Requirements for Launch

 

22. Revised Standards for Cargo or Baggage Compartments in Transport Category Airplanes

 

23. Child Restraint Systems

 

24. Screening of Checked Baggage on Flights Within the United States (CAPPS)

 

25. Policy Regarding Airport Rates and Charges

 

26. Certification of Screening Companies

 

27. Revisions to Digital Flight Data Recorder Regulations for Boeing 737 Airplanes and for Part 125 Operations

 

28. Collision Avoidance Systems for Cargo Airplanes

 

29. Improved Flammability Standards for Thermal/Acoustic Insulation Materials Used in Transport Category Airplanes

 

30. Certification of Airports

 

31. Air Tour Operations in State of Hawaii

 

32. Regulation of Aircraft Fractional Ownership Programs

 

33. Flight Simulation Device Initial and Continuing Qualification and Use

 

34. Certification of Pilots, Aircraft, and Repairmen for the Operation of Light-Sport Aircraft

 

35. Revisions to Passenger Facility Charge Rule for Compensation to Air Carriers

 

36. Aircraft Security and Screening of Passengers and Accessible Property

 

37. Criminal History Background Checks

 

38. Screeners Qualifications, Training and Testing

 

39. Enhanced Security Procedures for Operations at Certain Airports in the Washington D.C. Metropolitan Area

 

40. Security Programs for Charter Operations Using Aircraft 12,500 Pounds and Over

 

41. Transponder Continuous Operation

 

42. Reduced Vertical Separation Minimum in United States Domestic Airspace

 

43. Security Considerations for the Flightdeck on Foreign Operated Transport Category Airplanes

 

44. Picture Identification Requirements

 

45. Limitation on Construction or Alteration in the Vicinity of the Private Residence of the President of the United States

 

46. Revocation of Pilot Certificates or Denial of an Application Based on Security Disqualification

 

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

 

Federal Highway Administration

48. Federal Lands Highway Program; Management Systems Pertaining to the National Park Service and the Park Roads and Parkways Program

 

49. Federal Lands Highway Program; Management Systems Pertaining to the Bureau of Indian Affairs and the Indian Reservation Roads Program

 

50. Federal Lands Highway Program; Management Systems Pertaining to the Fish and Wildlife Service and Refuge Roads Program

 

51. Federal Lands Highway Program; Management Systems Pertaining to the Forest Service and the Forest Highway Programs

 

52. Statewide Transportation Planning; Metropolitan Transportation Planning

 

53. NEPA and Related Procedures for Transportation Decisionmaking, Protection of Public Parks, Wildlife and Waterfowl Refuges, and Historic Sites

 

54. Design-Build Contracting

 

55. Railroad-Highway Crossing Projects

 

56. National Bridge Inspection Standards

 

57. Designation of Dromedary Equipped Truck Tractor-Semitrailers as Specialized Equipment

 

58. Statewide Transportation Planning; Metropolitan Transportation Planning

 

Federal Motor Carrier Safety Administration

59. Commercial Driver's License Standards; Biometric Identifier

 

60. Qualification of Drivers; Vision

 

61. Federal Motor Carrier Safety Regulations; General Transportation of Hazardous Materials

 

62. Minimum Training Requirements for Operators and Training Instructors of Multiple Trailer Combination Vehicles

 

63. Training for Entry-Level Drivers of Commercial Motor Vehicles

 

64. Commercial Driver Physical Fitness As Part Of The CDL Process

 

65. Railroad-Highway Grade Crossing Safety

 

66. Unified Registration System

 

67. Hours of Service of Drivers; Drivers Rest and Sleep for Safe Operations

 

68. English Language Requirement; Qualifications of Drivers

 

69. Transportation of Household Goods; Consumer Protection Regulations

 

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

 

71. Safety Monitoring System and Compliance Initiative for Mexican Motor Carriers Operating in the United States

 

72. General Requirements; Inspection, Repair, and Maintenance; Intermodal Container Chassis and Trailers

 

73. Rules of Practice for Motor Carrier Proceedings; Investigations; Disqualifications and Penalties

 

74. Post Accident Controlled Substances and Alcohol Test Results; Reporting Requirements for the Fatality Analysis Reporting System

 

75. Safety Requirements for Operators of Small Passenger Carrying Commercial Motor Vehicles Used in Interstate Commerce

 

76. Interstate School Bus Safety

 

77. New Entrant Safety Assurance Process

 

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

 

79. Parts and Accessories Necessary for Safe Operation; Certification of Compliance with Federal Motor Vehicle Safety Standards (FMVSSs)

 

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

 

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

 

82. Hazardous Material Route Plans

 

83. Hours of Service of Drivers; Supporting Documents

 

84. Registration Enforcement

 

Federal Railroad Administration

85. Whistle Bans at Highway-Rail Grade Crossings

 

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

 

87. Locational Requirement for Dispatching of United States Rail Operations

 

88. Application of Random Testing and Other Alcohol and Drug Regulations to Employees of Foreign Railroads

 

89. Minimum Standards for Temperature in the Locomotive Cab

 

Federal Transit Administration

90. Bus Testing Program

 

91. NEPA and Related Procedures for Transportation Decision-Making; Protection of Public Works, Wildlife and Waterfowl Refuges, and Historic Sites

 

92. Clean Fuels Formula Grant Program

 

93. Statewide Metropolitan Transportation Planning

 

94. Statewide Transportation Planning; Metropolitan Transportation Planning

 

Maritime Administration

95. Cargo Preference Regulations-Carriage of Agricultural Exports

 

National Highway Traffic Safety Administration

96. Crashworthiness Ratings

 

97. Flammability of Interior Materials in School Buses

 

98. Platform Lift Requirements

 

99. Fuel Economy Standards- Rights and Responsibilities of Manufacturers in the Context of Changes in Corporate Relationships

 

100. FMVSS: Head Restraints (Height and Distance Requirements)

 

101. Frontal Offset Protection

 

102. Reporting of Information and Documents About Potential Defects Retention of Records That Could Indicate Defects

 

103. TREAD; Tire Safety Information

 

104. Federal Motor Vehicle Safety Standards; Tire Pressure Monitoring Systems; Controls and Displays

 

105. Federal Motor Vehicle Safety Standards; Child Restraint Systems

 

106. Operation of Motor Vehicles by Intoxicated Persons

 

107. Light Truck Average Fuel Economy Standard, Model Year 2005-10

 

108. Event Data Recorders

 

109. Consumer Information Regulations; Federal Motor Vehicle Safety Standards; Rollover Resistance

 

110. Federal Motor Vehicle Safety Standards; Child Restraint Systems

 

111. FMVSS No. 208 Advanced Air Bag Petitions for Reconsideration (Part 1)

 

Office of the Secretary

112. Direct Air Carrier Responsibility for Returning Stranded Charter Passengers

 

113. Enforcement Policy on Rebating

 

114. Price Advertising

 

115. Procedures for Transportation Workplace Drug-Testing Programs

 

116. Accessibility of Passenger Vessels to Individuals with Disabilities

 

117. Transportation for Individuals with Disabilities (Accessibility Guidelines)

 

118. Domestic Passenger Manifest Information

 

119. Computer Reservations System Regulations

 

120. Aviation Data Requirements Review and Modernization Program

 

121. Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and other Non-Profit Organizations

 

122. Response to Comments: Procedures for Compensation of Air Carriers

 

123. Withdrawal of Proposed Rulemaking Actions; Nondiscrimination on the Basis of Age, Charter Transportation, Notice of Terms of Contract of Carriage Part 399--Statement of General Policy, Simplified Airline Counter Sign Notices, Rules of Practice in Board Proceedings--Fees and Charges for Special Services; and Statements of General Policy, Baggage Liability Notices in International Air Transportation, Price Advertising, Procedures for Transportation Workplace Drug Testing Programs, and Transportation for Individuals with Disabilities.

 

Research and Special Programs Administration

124. Consolidation of Specifications for High-Pressure Seamless Cylinders and Rewrite (Section 610 Review)

 

125. Safeguarding Food from Contamination During Transportation

 

126. Response Plans for Onshore Oil Pipelines

 

127. Applicability of the Hazardous Materials Regulations to Loading, Unloading, and Storage

 

128. Pipeline Safety: Recommendations to Change Hazardous Liquid Pipeline Safety Standards

 

129. Hazardous Materials: Revisions to Standards for Infectious Substances

 

130. Hazardous Materials: Transportation of Oxygen Cylinders on Aircraft

 

131. External Product Piping on Cargo Tanks Transporting Flammable Liquids

 

132. Hazardous Materials: Reduction of Registration Fees

 

133. Pipeline Safety: Pipeline Integrity Management in High Consequence Areas (Gas Transmission Pipeline Operators)

 

Transportation Security Administration

134. Imposition and Collection of Passenger Civil Aviation Security Service Fees

 

135. Aviation Security Infrastructure Fees

 

136. Civil Aviation Security Rules

 

137. Security Programs for Aircraft with a Maximum Certificated Takeoff Weight of 12,500 Pounds or More

 

138. Request for Comments: Private Charter Security Rules

 

139. Fingerprint-Based Criminal History Records Checks: Regular Escorted Access

 

140. Protection of Sensitive Security Information for All Modes of Transportation

 

U.S. Coast Guard

141. Discharge-Removal Equipment for Vessels Carrying Oil

 

142. Escort Vessels for Certain Oil Tankers

 

143. Escort Vessels in Certain U.S. Waters

 

144. Marine Transportation - Related Facility Response Plans, and Response Equipment for Hazardous Substances

 

145. Tank Vessel Response Plans for Hazardous Substances

 

146. Implementation of the 1995 Amendments to the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 (STCW)

 

147. Salvage and Marine Firefighting Requirements; Vessel Response Plans for Oil

 

148. Emergency Response Plans for Passenger Vessels

 

149. Improvements to Marine Safety in Puget Sound-Area Waters

 

150. Lease Financing for Vessels Engaged in the Coastwise Trade

 

151. Tank Level or Pressure Monitoring Devices

 

152. Standards for Living Organisms in Ship's Ballast Water Discharged in U.S. Waters

 

153. Automatic Identification System Carriage Requirement

 

154. Penalties for Non-Submission of Ballast Water Management Reports

 




Bureau of Transportation Statistics

Bureau of Transportation Statistics

1. 

Reporting of Airline Delays and Cancellations under 14 CFR Part 234

Yellow

Popular Title: Reporting of Airline Delays (Part 234)

RIN 2139-AA09

Stage: Final Rule

Previous Stage:None

Summary: This rulemaking would modify the reporting requirements in 14 CFR Part 234 to require air carriers that file airline service quality performance reports under Part 234 to collect and report the causes of airline delays and cancellations. Currently, there is a lack of data on the causes of airline delays and cancellations. This rulemaking would fill the data gaps for airline delays and cancellations and provide this information to the public and other interested parties.

Effects:

 

None

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 08/01/2001

Dates for Final Rule:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

06/01/2002 

 

06/11/2002 

To OMB

07/01/2002 

 

 

OMB Clearance

10/01/2002 

 

 

Publication Date

10/15/2002 

 

 

Explanation for any delay:

N/A

Federal Register Citation for Final Rule: None



Federal Aviation Administration

Federal Aviation Administration

2. 

Fuel System Vent Fire Protection

Green

Popular Title: Fuel Sys Protection

RIN 2120-AA49

Stage: Withdrawal

Previous Stage: NPRM: Publication Date 02/02/1995; End of Comment Period 06/02/1995.

Summary: This rulemaking would amend the airworthiness standards for transport category airplanes to require fuel vent system protection during post-crash ground fires and to require design features that would ensure shutoff of the engine fuel supply at the fuel tank during engine shutdown.

Effects:

 

None

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 12/06/1982

Dates for Withdrawal :

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

08/09/2002 

 

08/09/2002 

Publication Date

08/23/2002 

 

08/23/2002 

Explanation for any delay:

N/A

Federal Register Citation for Withdrawal : 67 FR 54591



Federal Aviation Administration

3. 

Improved Survival Equipment for Inadvertent Water Landings

Black

Popular Title: Flotation Devices

RIN 2120-AC72

Stage: Undetermined

Previous Stage: NPRM: Publication Date 06/30/1988; End of Comment Period 11/28/1988.

Summary: This rulemaking would implement the requirement in the Airport and Airway Safety Act of 1987 that the Department initiate rulemaking to consider standards for life preservers and rafts.

Effects:

 

None

Prompting action: Statute

Legal Deadline: 

None

Rulemaking Project Initiated: 12/30/1987

Dates for Undetermined:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

 

 

 

To OMB

 

 

 

OMB Clearance

 

 

 

Publication Date

 

 

 

End of Comment Period

 

 

 

Explanation for any delay:

N/A

Federal Register Citation for Undetermined: None



Federal Aviation Administration

4. 

Retrofit of Improved Seats in Air Carrier Transport Category Airplanes

Red

Popular Title: Retrofit of Improved Seats

RIN 2120-AC84

Stage: SNPRM

Previous Stage: NPRM: Publication Date 05/17/88; End of Comment Period 10/14/88; Reopening of Comment Period 10/30/98; End of Reopened Comment Period 01/09/99.

Summary: This rulemaking implements a congressional mandate of the Airport and Airway Safety Act of 1987 that the Department initiate rulemaking by April 28, 1988, to consider requiring all air carrier aircraft to replace existing seats with new designs that would be more crashworthy.

Effects:

 

Regulatory Flexibility Act

Prompting action: Statute

Legal Deadline: 

Initiate rulemaking by : 04/28/1988

Rulemaking Project Initiated: 12/30/1987

Dates for SNPRM:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

 

12/31/2001 

12/28/2001 

Resubmitted to Mode

 

 

01/31/2002 

Returned To OST

 

 

03/22/2002 

To OMB

 

05/06/2002 

05/14/2002 

OMB Clearance

 

07/26/2002 

09/25/2002 

Publication Date

03/29/2002 

07/31/2002 

 

Explanation for any delay:

Unanticipated impacts requiring further analysis
Awaiting development of additional data

Federal Register Citation for SNPRM: None



Federal Aviation Administration

5. 

Drug Enforcement Assistance

Black

Popular Title: Drug Enf Assistance

RIN 2120-AD16

Stage: Undetermined

Previous Stage: NPRM: Publication Date 03/12/1990; End of Comment Period 05/11/1990.

Summary: This rulemaking would revise certain requirements covering registration of aircraft, certification of pilots, and penalties associated with registration and certification violations. This rulemaking would also respond to the Federal Aviation Administration Drug Enforcement Act of 1988 (the Act). The revised requirements would assist law enforcement agencies' efforts to stop drug trafficking in general aviation aircraft. The FAA is currently considering seeking modifications to the Act.

Effects:

 

Regulatory Flexibility Act

Prompting action: Statute

Legal Deadline: 

NPRM by : 09/18/1989

Rulemaking Project Initiated: 11/18/1988

Dates for Undetermined:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

 

 

 

To OMB

 

 

 

OMB Clearance

 

 

 

Publication Date

 

 

 

End of Comment Period

 

 

 

Explanation for any delay:

N/A

Federal Register Citation for Undetermined: None



Federal Aviation Administration

6. 

Revision of Part 108, Aircraft Operator Security

Black

Popular Title: Security/Carriers Part 108

RIN 2120-AD45

Stage: Final Rule

Previous Stage: NPRM: Publication Date 08/01/1997; End of Comment Period 11/1/1997.

Summary: This rulemaking would amend the existing airplane operator security rules. It would revise certain applicability provisions, definitions, and terms; reorganize these rules into subparts containing related requirements; and incorporate some requirements already implemented in air carrier approved security programs. Specifically, this proposal would increase the number of air carriers that must have security programs to include all that enplane from or deplane into a sterile area. Further, it would clarify the following: training requirements for air carrier security personnel; procedures for transporting passengers under armed escort; procedures for allowing law enforcement personnel to fly armed; and procedures for air carriers to acknowledge receipt of Federal Aviation Administration security directives. It would require air carriers to implement and test security contingency plans. As these rules should apply to operators of rotorcraft as well as fixed-wing aircraft, this proposal would change the title of these rules from "Airplane Operator Security" to "Aircraft Operator Security." The intent is to enhance security for the traveling public, air carriers, and persons employed by or conducting business at public airports by increasing awareness of and compliance with civil aviation security measures.

Effects:

 

None

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 07/02/1999

Dates for Final Rule:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

 

 

 

To OMB

 

 

 

OMB Clearance

 

 

 

Publication Date

 

 

07/17/2001 

Explanation for any delay:

N/A

Federal Register Citation for Final Rule: 66 FR 37330



Federal Aviation Administration

7. 

Revision of Part 107, Airport Security

Black

Popular Title: Security/Airports Part 107

RIN 2120-AD46

Stage: Final Rule

Previous Stage: NPRM: Publication Date 08/01/1997; End of Comment Period 11/1/1997.

Summary: This rulemaking would amend the existing airport security rules. It would revise certain applicability provisions, definitions, and terms; reorganize these rules into subparts containing related requirements; and incorporate some requirements already implemented in airport security programs. It also would incorporate certain new measures that would provide for better security. Specifically, it would clearly define the areas of the airport in which security interests are the most critical and where security measures should be the most stringent. It would modify access control requirements by allowing secondary access media, modify escort procedures for individuals without access authority, and expand the requirement for an identification system to include a challenge system. Further, it would clarify the following: training requirements for airport security personnel; the role of the airport security coordinator; procedures for airport operators to comply with Federal Aviation Administration security directives; procedures for responding to and evaluating threats; and the need to review and test security contingency plans. The intent is to enhance security for the traveling public, air carriers, and persons employed by or conducting business at public airports by increasing awareness of and compliance with civil aviation security measures.

Effects:

 

None

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: None

Dates for Final Rule:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

 

 

 

To OMB

 

 

 

OMB Clearance

 

 

 

Publication Date

 

 

07/17/2001 

Explanation for any delay:

N/A

Federal Register Citation for Final Rule: 66 FR 37274



Federal Aviation Administration

8. 

Aging Aircraft Safety

Red

Popular Title: Aging Aircraft

RIN 2120-AE42

Stage: Final Rule

Previous Stage: NPRM: Publication Date 10/05/1993; End of Comment Period 02/02/1994; Reopening Comment Period 02/08/1994; End of Reopened Comment Period 3/04/1994. NPRM/2: Publication Date 4/02/1999; End of Comment Period 8/02/1999; Reopening of Comment Period 8/18/1999; End of Reopened Comment Period 10/08/1999.

Summary: This rulemaking requires airplanes operated under Title 14, Code of Federal Regulations (14 CFR) part 121, U.S.-registered multiengine airplanes operated under 14 CFR part 129, and multiengine airplanes used in scheduled operations under 14 CFR part 135 to undergo inspections and records reviews by the Administrator or a designated representative after their 14th year in service and at specified intervals thereafter. These inspections and records reviews will ensure that the maintenance of these airplanes' age-sensitive parts and components has been adequate and timely. The final rule also prohibits operation of these airplanes after specified deadlines unless damage-tolerance-based inspections and procedures are included in their maintenance or inspection programs. Operators of airplanes initially certificated with nine or fewer passenger seats, however, may incorporate service-history-based inspections instead of damage-tolerance-based inspections and procedures in those airplanes' maintenance or inspection programs. This final rule does not apply to airplanes operated between any point within the State of Alaska and any other point within the State of Alaska. This rule represents a critical step toward compliance with the Aging Aircraft Safety Act of 1991 and helps to ensure the continuing airworthiness of aging airplanes operating in scheduled service.

Effects:

 

None

Prompting action: Statute

Legal Deadline: 

Initiate rulemaking by : 04/24/1992

Rulemaking Project Initiated: 10/28/1991

Dates for Final Rule:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

 

 

03/08/2001 

To OMB

 

 

07/27/2001 

Returned by OMB

 

 

09/18/2001 

Returned To OST

 

 

02/15/2002 

Returned To OMB

 

06/19/2002 

05/28/2002 

OMB Clearance

 

09/19/2002 

09/25/2002 

Publication Date

01/31/2002 

09/23/2002 

 

Explanation for any delay:

Additional coordination necessary

Federal Register Citation for Final Rule: None



Federal Aviation Administration

9. 

Aircraft Ground Deicing and Anti-Icing Program

Black

Popular Title: Deicing (Part 121 operators)

RIN 2120-AE70

Stage: Disposition of Comments

Previous Stage: NPRM: Publication Date 07/23/1992; End of Comment Period 8/7/1992. Interim Final Rule: Publication Date 09/29/1992; End of Comment Period 4/15/1993.

Summary: This rulemaking established a requirement for part 121 certificate holders to develop an FAA-approved ground deicing/anti-icing plan and to comply with that plan any time conditions are such that frost, ice, or snow could adhere to the aircraft's wings, control surfaces, or propellers.

Effects:

 

Regulatory Flexibility Act

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 06/08/1992

Dates for Disposition of Comments:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

 

 

 

To OMB

 

 

 

OMB Clearance

 

 

 

Publication Date

 

 

 

End of Comment Period

 

 

 

Explanation for any delay:

N/A

Federal Register Citation for Disposition of Comments: None



Federal Aviation Administration

10. 

Corrosion Prevention and Control Program

Red

Popular Title: Corrosion Control

RIN 2120-AE92

Stage: NPRM

Previous Stage:None

Summary: This rulemaking would require that the maintenance or inspection programs for all airplanes operated under part 121 of Title 14, Code of Federal Regulations, all U.S. -registered multiengine airplanes operated in common carriage by foreign air carriers or foreign persons under 14 CFR part 129, and all multiengine airplanes used in scheduled operations under 14 CFR part 135 include FAA-approved corrosion prevention and control programs. Such programs are needed because existing maintenance and inspection programs may not provide comprehensive, systematic measures to prevent and control corrosion. The rulemaking would form a part of the FAA's response to the Aging Aircraft Safety Act of 1991. These actions are intended to control the detrimental effects of corrosion and the resulting airplane structural material loss.

Effects:

 

Regulatory Flexibility Act

Prompting action: Statute

Legal Deadline: 

None

Rulemaking Project Initiated: 10/28/1991

Dates for NPRM:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

 

 

01/10/2001 

To OMB

 

 

02/20/2001 

Returned by OMB

 

 

09/14/2001 

Returned to Mode/2

 

 

09/15/2001 

Returned To OST

 

 

02/15/2002 

Returned To OMB

 

05/17/2002 

06/05/2002 

OMB Clearance

09/17/1999 

08/16/2002 

09/17/2002 

Publication Date

10/01/1999 

08/23/2002 

 

Explanation for any delay:

Additional coordination necessary

Federal Register Citation for NPRM: None



Federal Aviation Administration

11. 

Revised Access To Type III Exits

Black

Popular Title: Type III Exits

RIN 2120-AF01

Stage: Withdrawal

Previous Stage: NPRM: Publication Date 1/30/1995; End of Comment Period 5/1/1995.

Summary: This rulemaking would have adjusted recently adopted requirements for access to Type III emergency exits (typically smaller over-wing exits) in transport category airplanes with 60 or more passenger seats. These adjustments reflect additional data derived from a series of tests conducted at the FAA's Civil Aeromedical Institute (CAMI) subsequent to the adoption of these requirements and are intended to relieve an unnecessary economic burden. This rulemaking was withdrawn because CAMI research on the issues is still ongoing and the Aviation Rulemaking Advisory Committee (ARAC) is currently considering a recommendation for a harmonized proposal on the issues addressed by Notice No. 95-1. ARAC will make its recommendation after completion of a FAA research program to study access to Type III exists. The FAA has determined that it should wait and see if some future regulatory action including the broader scope of this harmonized proposal would better server the public interest.

Effects:

 

None

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 10/30/1992

Dates for Withdrawal :

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

 

 

 

Publication Date

 

 

05/03/2002 

Explanation for any delay:

N/A

Federal Register Citation for Withdrawal : 67 FR 22363



Federal Aviation Administration

12. 

National Air Tour Safety Standards

Red

Popular Title: Air Tour Safety

RIN 2120-AF07

Stage: NPRM

Previous Stage:None

Summary: In this rulemaking, the FAA will respond to NTSB recommendations. FAA is seeking information on air tour and sightseeing operations that are currently allowed to operate under less stringent regulations than those applied to other types of commercial operations. Over the past decade, the number of these operations, and the number of accidents and incidents associated with these operations, have increased. Hot air balloons and gliders would not be included. (Note: This rulemaking was formerly called "Sightseeing Operations.")

Effects:

 

None

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 04/25/1994

Dates for NPRM:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

03/01/2002 

09/01/2002 

 

To OMB

04/01/2002 

10/01/2002 

 

OMB Clearance

07/01/2002 

01/02/2003 

 

Publication Date

07/03/2002 

01/06/2003 

 

Explanation for any delay:

Unanticipated issues requiring further analysis

Federal Register Citation for NPRM: None



Federal Aviation Administration

13. 

Training and Checking In Ground Icing Conditions - (Deicing - Part 135)

Black

Popular Title: Deicing-Part 135

RIN 2120-AF09

Stage: Final Rule

Previous Stage: Interim Final Rule: Publication Date 12/30/1993; End of Comment Period 04/15/1994.

Summary: This rulemaking requires part 125 and 135 certificate holders to provide pilot testing on conducting operations in ground icing conditions. This rulemaking also requires part 125 and 135 certificate holders to check airplanes for contamination before takeoff when ground icing conditions exist.

Effects:

 

Regulatory Flexibility Act

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 04/26/1993

Dates for Final Rule:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

Publication Date

 

 

08/29/2002 

Explanation for any delay:

N/A

Federal Register Citation for Final Rule: 67 FR 54946



Federal Aviation Administration

14. 

Revision of Emergency Evacuation Demonstration Procedures to Improve Participant Safety

Green

Popular Title: Emergency Evacuation

RIN 2120-AF21

Stage: Final Rule

Previous Stage: NPRM: Publication Date 07/18/1995; Correction 08/25/1995; End of Comment Period 10/16/1995.

Summary: This final rule would improve participant safety during full-scale emergency evacuation demonstrations of transport category airplanes by permitting certain alternative procedures that would allow a person conducting the demonstrations to react more readily should a mishap occur. The rule would not impose any additional cost. The purpose of the rule is to make full-scale emergency evacuation demonstrations safer for participants, to codify existing practices, and to ensure that each operator demonstrates the effectiveness of crewmember training by conducting at least a partial evacuation demonstration.

Effects:

 

None

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 05/08/1995

Dates for Final Rule:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

12/01/2002 

 

 

To OMB

01/02/2003 

 

 

OMB Clearance

04/02/2003 

 

 

Publication Date

04/09/2003 

 

 

Explanation for any delay:

N/A

Federal Register Citation for Final Rule: None



Federal Aviation Administration

15. 

National Parks Air Tour Management

Black

Popular Title: 5,000-Foot Rule

RIN 2120-AF46

Stage: Final Rule

Previous Stage: NPRM: Publication Date 04/27/01; End of comment period 06/11/01.

Summary: The FAA is codifying title VIII of Public Law 106-181, National Parks Air Tour Management Act of 2000 (the Act), as a new part of its regulations, 14 CFR part 136. This action finalizes, in cooperation with the National Park Service, a 5,000-ft. above ground level (AGL) altitude that completes the definition of "commercial air tour operation" as required by the Act. If an operator conducts an operation below 5,000 ft. AGL over a national park, and that operation otherwise meets the statutory definition of a commercial air tour operation, that operator is defined as a commercial air tour operator and is required to meet the requirements of the Act and new part 136. This rulemaking is being reclassified as non-significant and will be deleted from the next report.

Effects:

 

None

Prompting action: Statute

Legal Deadline: 

None

Rulemaking Project Initiated: 04/05/2000

Dates for Final Rule:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

 

 

03/31/2002 

To OMB

 

 

 

OMB Clearance

 

 

 

Publication Date

 

 

 

Explanation for any delay:

N/A

Federal Register Citation for Final Rule: None



Federal Aviation Administration

16. 

Flight Crewmember Duty Limitations and Rest Requirements

Red

Popular Title: Flight Crewmember Duty Time

RIN 2120-AF63

Stage: SNPRM

Previous Stage: NPRM: Publication Date 12/20/1995; End of Comment Period 03/19/1996; Comment Period Extended 3/20/1996; End of Extended Comment Period 6/19/1996.

Summary: This rulemaking would amend the pilot rest and duty requirements for pilots by ensuring they receive adequate rest opportunities while assigned to reserve status and by preventing lengthy duty periods that could contribute to acute and cumulative fatigue. The rulemaking will propose a definition of "rest period."

Effects:

 

Regulatory Flexibility Act

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 11/28/1995

Dates for SNPRM:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

 

05/03/2002 

05/24/2002 

Returned to Mode

 

 

05/29/2002 

Resubmitted to OST

 

10/18/2002 

 

To OMB

 

11/19/2002 

 

OMB Clearance

 

02/19/2003 

 

Publication Date

03/31/2002 

03/05/2003 

 

Explanation for any delay:

Unanticipated issues requiring further analysis

Federal Register Citation for SNPRM: None



Federal Aviation Administration

17. 

False and Misleading Statements Regarding Aircraft Parts

Red

Popular Title: False Statements Plane Parts

RIN 2120-AG08

Stage: NPRM

Previous Stage:None

Summary: This action proposes additional rules that would prohibit certain false or misleading statements regarding civil aircraft, airframes, aircraft engines, propellers, appliances, component parts, and materials, including standard parts, that are used, or may be used, on civil aircraft. The proposal would also permit increased inspection by the FAA of records regarding the quality of aircraft parts.

Effects:

 

None

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 08/22/1994

Dates for NPRM:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

07/13/2001 

07/15/2002 

08/15/2002 

To OMB

 

09/15/2002 

 

OMB Clearance

08/13/2001 

12/15/2002 

 

Publication Date

08/24/2001 

12/30/2002 

 

Explanation for any delay:

Other, higher priorities

Federal Register Citation for NPRM: None



Federal Aviation Administration

18. 

Identical Security Measures

Black

Popular Title: Ident. Security

RIN 2120-AG13

Stage: Withdrawal

Previous Stage: NPRM: Publication Date 11/23/1998; End of Comment Period 03/23/1999.

Summary: The Antiterrorism and Effective Death Penalty Act of 1996 (P. L. 104-132) requires the Administrator to accept a foreign air carrier's program only if the Administrator finds that the security program provides for identical security measures to those provided by U.S. air carriers serving the same airport. The actual measures to be used would be identified through changes to the nonpublic security program of the foreign air carriers. Secretary Slater informed Congress by letter dated June 12, 2000 that action on this rulemaking has been completed. A copy of that letter is in the docket.

Effects:

 

None

Prompting action: Statute

Legal Deadline: 

None

Rulemaking Project Initiated: 04/24/1996

Dates for Withdrawal :

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

 

 

 

To OMB

 

 

 

OMB Clearance

 

 

 

Publication Date

 

 

 

Explanation for any delay:

N/A

Federal Register Citation for Withdrawal : None



Federal Aviation Administration

19. 

Noise Limitations for Aircraft Operations in the Vicinity of Grand Canyon National Park

Red

Popular Title: GCNP Phaseout rule

RIN 2120-AG34

Stage: SNPRM

Previous Stage: NPRM: Publication Date 12/31/1996; End of Comment Period 03/31/1997.

Summary: This rulemaking would establish noise efficiency limitations for certain aircraft operations at Grand Canyon National Park (GCNP). It would establish standards for quiet technology that are reasonably achievable, as mandated by Congress. The standards for quiet technology would help the National Park Service (NPS) achieve its statutory mandate to provide for the substantial restoration of natural quiet and experience in the GCNP.

Effects:

 

Regulatory Flexibility Act

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 12/31/1996

Dates for SNPRM:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

 

04/12/2002 

04/11/2002 

Returned to S-1

 

 

10/08/2002 

To OMB

 

08/01/2002 

 

OMB Clearance

 

11/01/2002 

 

Publication Date

12/10/2001 

11/05/2002 

 

Explanation for any delay:

Other, higher priorities

Federal Register Citation for SNPRM: None



Federal Aviation Administration

20. 

Prohibition of the Transportation of Devices Designed as Chemical Generators as Cargo in Aircraft

Red

Popular Title: Chemical Generators

RIN 2120-AG35

Stage: Withdrawal

Previous Stage: NPRM: Publication Date 08/27/1998.

Summary: This rulemaking would ban the transportation in certain aircraft of devices designed to chemically generate oxygen that pose a risk of fire. The ban also applies to newly-manufactured chemical oxygen generators that have never been filled with chemicals and those that have been discharged to reduce human error in identifying which canisters are dangerous. This rule complements a December 1996 RSPA rulemaking prohibiting the transportation of these generators in passenger carrying aircraft.

Effects:

 

Regulatory Flexibility Act

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: None

Dates for Withdrawal :

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

05/07/2002 

10/02/2002 

 

Publication Approved

07/11/2002 

12/11/2002 

 

Publication Date

07/18/2002 

12/18/2002 

 

Explanation for any delay:

Additional coordination necessary

Federal Register Citation for Withdrawal : None



Federal Aviation Administration

21. 

Licensing and Safety Requirements for Launch

Black

Popular Title: Licensing Space Launches

RIN 2120-AG37

Stage: SNPRM

Previous Stage: NPRM published 10/25/00; End of comment period 2/22/01.

Summary: This rulemaking would amend the commercial space transportation regulations governing licensing and safety requirements for launch from Federal and non-Federal launch sites.

Effects:

 

None

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 01/17/1999

Dates for SNPRM:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

 

 

02/20/2002 

Returned to Mode

 

 

03/25/2002 

Resubmitted to OST

 

 

04/23/2002 

To OMB

 

 

05/10/2002 

OMB Clearance

 

 

07/03/2002 

Publication Date

 

 

07/30/2002 

End of Comment Period

 

 

10/28/2002 

Explanation for any delay:

N/A

Federal Register Citation for SNPRM: 67 FR 49456



Federal Aviation Administration

22. 

Revised Standards for Cargo or Baggage Compartments in Transport Category Airplanes

Black

Popular Title: Rev'd Cargo/Baggage

RIN 2120-AG42

Stage: Withdrawal

Previous Stage: NPRM: Publication Date 06/13/1997; End of Comment Period 9/11/1997. Final Rule Request for Comments: Publication Date 02/17/1998; End of Comment Period 06/17/1998.

Summary: Following completion of the rulemaking with respect to transport category airplanes, this rulemaking would have upgraded fire safety standards for cargo or baggage compartments in certain transport category airplanes by eliminating class D compartments altogether. Compartments that could no longer be designated as Class D would have had to meet the standards for Class C or Class E compartments, as applicable. Certain other transport category airplanes would not have to meet them for use in air carrier, commuter, on-demand, or commercial service. The FAA determined to withdraw the 135 rulemaking, based on the existing safety record for these aircraft and a cost/benefit analysis in the light of comments filed in the proceeding.

Effects:

 

Regulatory Flexibility Act

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 11/14/1996

Dates for Withdrawal :

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

Publication Date

 

 

09/10/2002 

Explanation for any delay:

N/A

Federal Register Citation for Withdrawal : 67 FR 57352



Federal Aviation Administration

23. 

Child Restraint Systems

Black

Popular Title: Child Restraint Systems

RIN 2120-AG43

Stage: Undetermined

Previous Stage: ANPRM: Publication Date 02/18/1998; End of Comment Period 6/18/1998.

Summary: This rulemaking would consider the use of child restraint systems in aircraft during all phases of flight (i.e., taxi, takeoff, landing, or any other time the seat belt sign is illuminated). Specifically, the agency would consider information about existing child restraint systems, the development of new and improved child restraint systems, and the ease with which existing or new child restraint systems can be used. The Department is currently considering and coordinating options for appropriate action.

Effects:

 

Economically Significant
Regulatory Flexibility Act

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 10/29/1997

Dates for Undetermined:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

 

 

 

To OMB

 

 

 

OMB Clearance

 

 

 

Publication Date

 

 

 

End of Comment Period

 

 

 

Explanation for any delay:

N/A

Federal Register Citation for Undetermined: None



Federal Aviation Administration

24. 

Screening of Checked Baggage on Flights Within the United States (CAPPS)

Black

Popular Title: CAPS/CAPPS

RIN 2120-AG51

Stage: Withdrawal

Previous Stage: NPRM: Publication Date 04/19/1999; End of Comment Period 06/18/1999.

Summary: This rulemaking would have required air carriers to use the Computer Assisted Passenger Prescreening System (CAPPS) where available to screen passenger baggage, or otherwise to conduct passenger-bag matching. The rule would have applied to aircraft with 61 seats or more. This is a TSA project and TSA is now handling this withdrawal.

Effects:

 

Economically Significant
Regulatory Flexibility Act

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 07/08/1997

Dates for Withdrawal :

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

 

 

 

To OMB

 

 

 

OMB Clearance

 

 

 

Publication Date

 

 

 

Explanation for any delay:

N/A

Federal Register Citation for Withdrawal : None



Federal Aviation Administration

25. 

Policy Regarding Airport Rates and Charges

Green

Popular Title: Airport Rates

RIN 2120-AG58

Stage: Withdrawal

Previous Stage: ANPP: Publication Date 08/12/1998; End of Comment Period 10/13/1998; End of Extended Comment Period: 03/01/1999.

Summary: In June 1996, the FAA adopted a policy for evaluating the reasonableness of landing fees and other charges paid by air carriers to airports. The current action is to consider replacement provisions for the portions of the 1996 Policy Statement vacated by the US Court of Appeals for the DC Circuit. The Court disallowed a portion of the policy that had to do with historic cost valuation of airport property. FAA has determined that the issues in this policy statement should be addressed in conjunction with the issues involved in congestion pricing in airports.

Effects:

 

Regulatory Flexibility Act

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 08/01/1997

Dates for Withdrawal :

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

 

 

09/25/2002 

Publication Approved

10/25/2002 

 

 

Publication Date

10/31/2002 

 

 

Explanation for any delay:

N/A

Federal Register Citation for Withdrawal : None



Federal Aviation Administration

26. 

Certification of Screening Companies

Black

Popular Title: Screening Co.

RIN 2120-AG84

Stage: Withdrawal

Previous Stage: NPRM: Publication Date 01/05/2000; End of Comment Period 04/04/2000.

Summary: This rulemaking is in response to a recommendation by the White House Commission on Aviation Safety and Security and to a Congressional mandate in the Federal Aviation Reauthorization Act of 1996. The rulemaking was intended to improve the screening of passengers, accessible property, checked baggage, and cargo and to provide standards for consistent high performance and increased screening company accountability. The rulemaking is being withdrawn because of changed circumstances. Any further action will be taken by TSA.

Effects:

 

None

Prompting action: Statute

Legal Deadline: 

None

Rulemaking Project Initiated: 10/09/1996

Dates for Withdrawal :

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

 

 

 

To OMB

 

 

 

OMB Clearance

 

 

 

Publication Date

 

 

 

Explanation for any delay:

N/A

Federal Register Citation for Withdrawal : None



Federal Aviation Administration

27. 

Revisions to Digital Flight Data Recorder Regulations for Boeing 737 Airplanes and for Part 125 Operations

Red

Popular Title: Data Flight Data Recorder/B-737

RIN 2120-AG87

Stage: Final Rule

Previous Stage: NPRM: Publication Date 11/18/1999; End of Comment Period 12/20/1999.

Summary: The rulemaking would amend the digital flight data recorder (DFDR) regulations for transport category airplanes to add a requirement for all Boeing 737 (B-737) series airplanes to record additional flight data parameters. It is based on safety recommendations issued by the National Transportation Safety Board (NTSB) following the investigations of two accidents and other incidents involving B-737 aircraft.

Effects:

 

None

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 02/15/1999

Dates for Final Rule:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

05/29/2000 

11/03/2000 

10/25/2000 

To OMB

06/28/2000 

12/04/2000 

12/26/2000 

Returned by OMB

 

 

09/18/2001 

OMB Clearance

07/28/2000 

01/11/2001 

 

Publication Date

08/11/2000 

01/18/2001 

 

Explanation for any delay:

Unanticipated issues requiring further analysis

Federal Register Citation for Final Rule: None



Federal Aviation Administration

28. 

Collision Avoidance Systems for Cargo Airplanes

Yellow

Popular Title: TCAS Collision

RIN 2120-AG90

Stage: Final Rule

Previous Stage: NPRM: Publication Date 11/01/2001; End of Comment Period 12/31/2001.

Summary: This rulemaking would require the installation and use of a traffic alert and collision avoidance system on certain cargo airplanes.

Effects:

 

None

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 11/22/1999

Dates for Final Rule:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

09/03/2002 

09/30/2002 

09/11/2002 

To OMB

09/20/2002 

10/30/2002 

 

OMB Clearance

12/20/2002 

01/30/2003 

 

Publication Date

12/24/2002 

02/03/2003 

 

Explanation for any delay:

N/A

Federal Register Citation for Final Rule: None



Federal Aviation Administration

29. 

Improved Flammability Standards for Thermal/Acoustic Insulation Materials Used in Transport Category Airplanes

Red

Popular Title: Therm/Acoustic

RIN 2120-AG91

Stage: Final Rule

Previous Stage: NPRM: Publication Date 09/20/2000; End of Comment Period 01/18/2001.

Summary: This action would establish new flammability standards. They address flame propagation and entry of an external fire into the airplane. The new standards are intended to reduce the incidence and severity of cabin fires, particularly those in inaccessible areas where thermal/acoustic insulation materials are typically installed. They would also provide an increased level of safety in post-crash fires by delaying entry of flames into the cabin. The new standards would apply to new type designs and newly manufactured airplanes.

Effects:

 

None

Prompting action: Secretarial/Head of Operating Administration Decision

Legal Deadline: 

None

Rulemaking Project Initiated: 11/22/1999

Dates for Final Rule:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

03/14/2002 

08/14/2002 

08/15/2002 

To OMB

 

09/30/2002 

 

OMB Clearance

04/14/2002 

12/30/2002 

 

Publication Date

04/25/2002 

01/07/2003 

 

Explanation for any delay:

Awaiting development of additional data

Federal Register Citation for Final Rule: None



Federal Aviation Administration

30. 

Certification of Airports

Red

Popular Title: Part 139-Certification of Airports

RIN 2120-AG96

Stage: Final Rule

Previous Stage: NPRM: Publication Date 06/21/2000; Correction 08/21/2000; Comment Period Extended 08/22/2000; End of Comment Period 09/19/2000; End of Extended Comment Period 11/03/2000.

Summary: This rule would revise the airport certification regulation and establish certification requirements for airports serving scheduled air carrier operations in aircraft designed for more than 9 passenger seats but less than 31 passenger seats. In addition, this rule would amend a section of an air carrier operation regulation to conform with changes to airport certification requirements. The FAA Reauthorization Act of 1996 authorized the FAA to certificate airports (with the exception of those in Alaska) that serve scheduled passenger operations of air carriers operating aircraft designed for more than 9 passenger seats but fewer than 31. The Aviation Investment and Reform Act for the 21st Century mandated that the FAA issue an NPRM on operating certificates for such airports within 60 days (of April 5, 2000) and a final rule 1 year after the close of the NPRM comment period.

Effects:

 

None

Prompting action: Statute

Legal Deadline: 

Issuance of NPRM : 06/04/2000
Issuance of Final Rule : 11/03/2001

Rulemaking Project Initiated: 09/30/1999

Dates for Final Rule:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

09/27/2001 

 

03/25/2002 

Returned to Mode

 

 

05/24/2002 

Resent to OST

 

 

09/03/2002 

To OMB

10/26/2001 

10/15/2002 

 

OMB Clearance

 

12/15/2002 

 

Publication Date

11/01/2001 

12/30/2002 

 

Explanation for any delay:

Unanticipated issues requiring further analysis

Federal Register Citation for Final Rule: None



Federal Aviation Administration

31. 

Air Tour Operations in State of Hawaii

Black

Popular Title: Air Tour Operations in Hawaii

RIN 2120-AH02

Stage: Undetermined

Previous Stage:None

Summary: This rulemaking would extend SFAR 71, which established certain procedural, operational and equipment requirements for air tour operators in the State of Hawaii. The FAA intends to issue a national air tour safety proposal in the near future, but until that rulemaking becomes final, there is a need to extend SFAR 71 to ensure the continuing safe environment for conducting air tours in Hawaii. During the 9 year period between 1982 and 1991, there were 11 air tour accidents with 24 fatalities in Hawaii. The apparent causes of the accidents ranged from engine power loss to encounters with adverse weather. On September 26, 1994, the FAA published an emergency final rule as SFAR 71. The rule established additional operating procedures, including minimum safe altitudes (and associated increases in visual flight rules weather minimums), minimum equipment requirements and operational limitations for air tour aircraft in the State of Hawaii. SFAR 71 was subsequently extended until October 26, 2003.

Effects:

 

None

Prompting action: None

Legal Deadline: 

SFAR 71 expires : 10/26/2003

Rulemaking Project Initiated: 09/26/1994

Dates for Undetermined:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

 

 

 

To OMB

 

 

 

OMB Clearance

 

 

 

Publication Date

 

 

 

End of Comment Period

 

 

 

Explanation for any delay:

N/A

Federal Register Citation for Undetermined: None



Federal Aviation Administration

32. 

Regulation of Aircraft Fractional Ownership Programs

Green

Popular Title: Fractional

RIN 2120-AH06

Stage: Final Rule

Previous Stage: NPRM: Publication Date 7/18/01; End of Comment Period 10/16/01.

Summary: This rulemaking would update and revise the regulations governing operations by aircraft in fractional ownership programs. This action is undertaken because the FAA has determined that current regulations do not adequately define fractional ownership programs and do not clearly allocate responsibility and authority for safety and compliance with the regulations. The revisions would define fractional ownership programs and their various participants, allocate responsibility and authority for safety of flight operations for purposes of compliance with the regulations, and ensure that fractional ownership program aircraft operations maintain a high level of safety. Elements of this rulemaking would provide in certain of the regulations applicable to fractional ownership programs a level of safety equivalent to certain regulations that apply to on-demand operators. The rulemaking would also change some regulations that apply to on-demand operators meeting certain criteria to permit these operators an alternate means of compliance for certain commercial operations.

Effects:

 

None

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 10/06/1999

Dates for Final Rule:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

03/16/2003 

 

09/18/2002 

To OMB

04/16/2003 

 

 

OMB Clearance

07/16/2003 

 

 

Publication Date

09/16/2003 

 

 

Explanation for any delay:

N/A

Federal Register Citation for Final Rule: None



Federal Aviation Administration

33. 

Flight Simulation Device Initial and Continuing Qualification and Use

Red

Popular Title: Simulator Qualification

RIN 2120-AH07

Stage: NPRM

Previous Stage:None

Summary: This rulemaking would amend the FAA regulations to establish flight simulation device qualification requirements for all certificate holders in a new part. The basis of these requirements currently exists in different parts of the FAA's regulations and in advisory circulars. The changes would consolidate and update flight simulation device requirements.

Effects:

 

None

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 04/01/1998

Dates for NPRM:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

07/07/2000 

02/06/2001 

08/30/2001 

To OMB

09/01/2000 

03/06/2001 

02/07/2002 

OMB Clearance

10/27/2000 

04/16/2001 

03/19/2002 

Publication Approved

11/03/2000 

04/16/2001 

03/19/2002 

Publication Date

 

07/01/2002 

09/25/2002 

End of Comment Period

 

 

12/24/2002 

Explanation for any delay:

Awaiting development of additional data

Federal Register Citation for NPRM: 67 FR 60284



Federal Aviation Administration

34. 

Certification of Pilots, Aircraft, and Repairmen for the Operation of Light-Sport Aircraft

Green

Popular Title: Light-Sport Aircraft Certification

RIN 2120-AH19

Stage: Final Rule

Previous Stage: NPRM: Publication Approved 01/04/2002; Publication Date 02/05/2002; End of Comment Period 05/06/2002.

Summary: This rulemaking would establish requirements for the certification, operation, and maintenance of light-sport aircraft, including powered parachutes and weight-shift-control aircraft. For the operation of light-sport aircraft, the rulemaking would establish a sport pilot certificate and a flight instructor certificate with a sport pilot rating. It would also establish requirements for student pilots and private pilots to operate these aircraft, and to revise the recreational pilot certificate to align it with privileges proposed for the new sport pilot certificate. It would also establish a new repairman certificate with ratings for individuals who would inspect and maintain light-sport aircraft. In addition, it would create a new category of special airworthiness certificate for light-sport aircraft that meet a consensus standard. This action is necessary to address advances in sport and recreational aviation technology, gaps in the existing regulations, and several petitions for rulemaking. The intended effect of this action is to provide a safe and economical means to certificate light-sport aircraft and the pilots who fly them.

Effects:

 

None

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 05/14/2001

Dates for Final Rule:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

02/28/2003 

 

 

To OMB

03/28/2003 

 

 

OMB Clearance

07/01/2003 

 

 

Publication Approved

07/03/2003 

 

 

Publication Date

07/08/2003 

 

 

Explanation for any delay:

N/A

Federal Register Citation for Final Rule: None



Federal Aviation Administration

35. 

Revisions to Passenger Facility Charge Rule for Compensation to Air Carriers

Green

Popular Title: Passenger Facility Charge Rule

RIN 2120-AH43

Stage: NPRM

Previous Stage:None

Summary: This rulemaking would amend the passenger facility charge (PFC) regulation by changing the amount and unit of collection that a carrier may retain for collecting and handling (including remitting) PFC revenue. It would allow carriers to keep $0.10 of each PFC they collect in calendar years 2002 through 2004. From 2005 forward, the amount would increase to $0.11 for each PFC collected. This action is necessary to implement the statutory requirement that the Secretary of Transportation (whose authority has been delegated to the Administrator of FAA) establish by regulation a uniform amount that carriers may retain that reflects the average necessary and reasonable expenses for collecting and handling PFCs.

Effects:

 

None

Prompting action: Statute

Legal Deadline: 

None

Rulemaking Project Initiated: 11/30/2000

Dates for NPRM:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

05/09/2002 

 

05/09/2002 

To OMB

08/09/2002 

 

08/22/2002 

OMB Clearance

11/04/2002 

 

 

Publication Date

11/09/2002 

 

 

End of Comment Period

11/16/2002 

 

 

Explanation for any delay:

N/A

Federal Register Citation for NPRM: None



Federal Aviation Administration

36. 

Aircraft Security and Screening of Passengers and Accessible Property

Black

Popular Title: Security and Screening of Passengers and Property

RIN 2120-AH50

Stage: Undetermined

Previous Stage:None

Summary: This action requires certain aircraft operators to search aircraft and screen crewmembers, passengers, and their accessible property prior to departure. This action is being taken to counter possible threats in the wake of the September 11, 2001 terrorist attacks. FAA is not going to take any further action on this matter. The Transportation Security Administration has assumed subject matter jurisdiction, but it is not sure it will proceed with a rule at this time.

Effects:

 

None

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 09/12/2001

Dates for Undetermined:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

 

 

 

To OMB

 

 

 

OMB Clearance

 

 

 

Publication Date

 

 

 

End of Comment Period

 

 

 

Explanation for any delay:

N/A

Federal Register Citation for Undetermined: None



Federal Aviation Administration

37. 

Criminal History Background Checks

Red

Popular Title: Criminal Background Checks

RIN 2120-AH53

Stage: Disposition of Comments

Previous Stage: Final Rule with Request for Comments: Publication Date 12/06/2001; End of Comment Period 01/07/2002; End of Comment Period Reopened 1/25/2002; End of Reopened Comment Period 3/11/2002. Final Rule: Publication Approved 11/19/2001; Publication Date 12/06/2001.

Summary: This rule requires each airport operator and aircraft operator that has adopted a security program under part 107 and part 108, respectively, to conduct fingerprint-based criminal history record checks for individuals if they have not already undergone criminal history record checks. This rule will ensure that individuals in these positions do not have disqualifying criminal offenses. The FAA expects any further action in this rulemaking to be taken by TSA.

Effects:

 

None

Prompting action: Statute

Legal Deadline: 

None

Rulemaking Project Initiated: 10/22/2001

Dates for Disposition of Comments:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

 

 

 

To OMB

 

 

 

OMB Clearance

 

 

 

Publication Date

 

 

 

End of Comment Period

 

 

 

Explanation for any delay:

N/A

Federal Register Citation for Disposition of Comments: None



Federal Aviation Administration

38. 

Screeners Qualifications, Training and Testing

Black

Popular Title: Screeners Qualifications

RIN 2120-AH59

Stage: Undetermined

Previous Stage:None

Summary: This rulemaking provides additional qualifications, training, and testing of individuals who screen persons and property that are carried in passenger aircraft. Responsibility for this action has been assigned to TSA.

Effects:

 

None

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 09/12/2001

Dates for Undetermined:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

 

 

 

To OMB

 

 

 

OMB Clearance

 

 

 

Publication Date

 

 

 

End of Comment Period

 

 

 

Explanation for any delay:

N/A

Federal Register Citation for Undetermined: None



Federal Aviation Administration

39. 

Enhanced Security Procedures for Operations at Certain Airports in the Washington D.C. Metropolitan Area

Black

Popular Title: Metro DC Airports

RIN 2120-AH62

Stage: Disposition of Comments

Previous Stage: Final Rule: Publication Approved 02/13/2002; Publication Date 02/19/2002; End of Comment Period 04/22/2002.

Summary: This action requires persons operating to or from certain airports within the Washington, D.C. Metropolitan Area to conduct those operations in accordance with security procedures approved by the Administrator. This action is being taken to restore aircraft operations at airports within the Washington D.C. Metropolitan Area while countering possible threats in the wake of the September 11, 2001 terrorist attacks.

Effects:

 

None

Prompting action: Emergency

Legal Deadline: 

None

Rulemaking Project Initiated: 11/18/2001

Dates for Disposition of Comments:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

 

 

01/19/2002 

Publication Date

 

 

02/19/2002 

Explanation for any delay:

N/A

Federal Register Citation for Disposition of Comments: 67 FR 7538



Federal Aviation Administration

40. 

Security Programs for Charter Operations Using Aircraft 12,500 Pounds and Over

Black

Popular Title: Programs for Charter Operations

RIN 2120-AH66

Stage: Undetermined

Previous Stage: Final Rule with Request for Comments: Publication Date 2/22/2002; End of Comment Period 4/23/2002.

Summary: This rule requires that certain aircraft operators using aircraft with a maximum certificated takeoff weigh of 12,500 pounds or more carry out security measures. This rule requires that certain aircraft operators conduct criminal history records checks on their flightcrew members, and restrict access to the flight deck. These measures are necessary to comply with Congressional mandates and to enhance security in air transportation. This rulemaking is now being handled by TSA RIN 2110-AA04.

Effects:

 

None

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 11/27/2001

Dates for Undetermined:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

 

 

 

To OMB

 

 

 

OMB Clearance

 

 

 

Publication Date

 

 

 

End of Comment Period

 

 

 

Explanation for any delay:

N/A

Federal Register Citation for Undetermined: None



Federal Aviation Administration

41. 

Transponder Continuous Operation

Red

Popular Title: Transponder Continuous Operation

RIN 2120-AH67

Stage: NPRM

Previous Stage:None

Summary: This rulemaking would amend the instrument and equipment requirements for airplanes operated in domestic, flag, and supplemental operations. Specifically, the rulemaking would require affected airplanes to have the capability to help assure immediate activation of the designated air traffic control (ATC) hijack alert code, and continuous transmission of that code to ATC during a hijack situation. This action would respond to the heightened threat to U.S. civil aviation. The FAA believes that this capability would help provide ATC personnel with more time to initiate a national security response to a potential airplane hijack situation.

Effects:

 

None

Prompting action: Secretarial/Head of Operating Administration Decision

Legal Deadline: 

None

Rulemaking Project Initiated: 10/01/2001

Dates for NPRM:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

04/01/2002 

05/01/2002 

05/09/2002 

To OMB

07/08/2002 

08/07/2002 

08/05/2002 

Resubmitted to OMB

 

 

09/17/2002 

OMB Clearance

10/08/2002 

11/07/2002 

 

Publication Date

10/15/2002 

11/14/2002 

 

Explanation for any delay:

Other, higher priorities

Federal Register Citation for NPRM: None



Federal Aviation Administration

42. 

Reduced Vertical Separation Minimum in United States Domestic Airspace

Green

Popular Title: Domestic RVSM

RIN 2120-AH68

Stage: Final Rule

Previous Stage: NPRM: Publication Approved 05/10/2002; Publication Date 05/10/2002; End of Comment Period 08/08/2002.

Summary: This rulemaking would permit Reduced Vertical Separation Minimum flights in the airspace over the contiguous 48 States of the United States and Alaska and that portion of the Gulf of Mexico where the FAA provides air traffic services. This reduction of vertical separation minima would only be applied between those aircraft that meet stringent altimeter and auto-pilot performance requirements. This rulemaking would enhance airspace capacity and to assist aircraft operators to save fuel and time.

Effects:

 

None

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 03/13/2002

Dates for Final Rule:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

06/15/2003 

 

 

To OMB

07/15/2003 

 

 

OMB Clearance

10/15/2003 

 

 

Publication Date

10/20/2003 

 

 

Explanation for any delay:

N/A

Federal Register Citation for Final Rule: None



Federal Aviation Administration

43. 

Security Considerations for the Flightdeck on Foreign Operated Transport Category Airplanes

Green

Popular Title: Flightdeck Security (Part 129)

RIN 2120-AH70

Stage: Final Rule/2

Previous Stage: Final Rule: Publication Date 06/21/2002.

Summary: This final rule amends a previous rule requiring improved flightdeck security and operational and procedures changes to prevent unauthorized access to the flightdeck on passenger-carrying aircraft operated by foreign carriers under the provisions of part 129. This final rule is intended to ensure that the same flightdeck security enhancements apply to foreign air carriers as apply to U.S. air carriers.

Effects:

 

None

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 01/15/2002

Dates for Final Rule/2:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

09/09/2002 

 

09/09/2002 

To OMB

10/09/2002 

 

10/01/2002 

OMB Clearance

01/09/2003 

 

 

Publication Date

01/04/2003 

 

 

Explanation for any delay:

N/A

Federal Register Citation for Final Rule/2: None



Federal Aviation Administration

44. 

Picture Identification Requirements

Green

Popular Title: Picture ID Requirements

RIN 2120-AH76

Stage: Final Rule

Previous Stage:None

Summary: This rulemaking would revise the pilot certificate requirements to require a person to carry a photo identification acceptable to the Administrator when exercising the privileges of a pilot certificate. Additionally, it would require a pilot certificate holder to present a photo identification when requested by the Administrator, an authorized representative of the National Transportation Safety Board (NTSB, the Transportation Security Administration (TSA), or a law enforcement officer. These measures are intended to address security concerns regarding the identification of pilots.

Effects:

 

None

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 04/24/2002

Dates for Final Rule:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

06/11/2002 

 

06/11/2002 

Returned to Mode

 

 

06/28/2002 

Returned to OST

 

 

07/29/2002 

To OMB

08/01/2002 

 

08/28/2002 

OMB Clearance

11/01/2002 

 

 

Publication Date

11/05/2002 

 

 

Explanation for any delay:

N/A

Federal Register Citation for Final Rule: None



Federal Aviation Administration

45. 

Limitation on Construction or Alteration in the Vicinity of the Private Residence of the President of the United States

Red

Popular Title: Crawford Texas Airspace

RIN 2120-AH83

Stage: Final Rule

Previous Stage:None

Summary: This rule would limit the construction of any new object or the alteration of any existing object in the vicinity of the private residence of the President of the United States that would exceed 50 feet AGL and is within a 3 nautical miles (NM) radius of the Presidentís private residence, unless otherwise approved by the Administrator of the FAA. This rule is being adopted for purposes of national defense and will assist in protecting the President of the United States.

Effects:

 

None

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 03/26/2001

Dates for Final Rule:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

06/09/2002 

 

09/03/2002 

To OMB

07/09/2002 

11/03/2002 

 

OMB Clearance

10/09/2002 

02/03/2003 

 

Publication Approved

10/11/2002 

02/03/2003 

 

Publication Date

10/11/2002 

02/08/2003 

 

Explanation for any delay:

Additional coordination necessary

Federal Register Citation for Final Rule: None



Federal Aviation Administration

46. 

Revocation of Pilot Certificates or Denial of an Application Based on Security Disqualification

Green

Popular Title: Cert. Revocation for Security

RIN 2120-AH84

Stage: Final Rule

Previous Stage:None

Summary: This rule would expressly provide the authority to revoke a pilot certificate or deny an application for a pilot certificate based on a written determination by the Under Secretary of Transportation for Security that an individual poses a security risk related to aviation. This rule would address the security concerns of who should hold a pilot certificate issued by the Federal Aviation Administration and is necessary to enhance security in air transportation.

Effects:

 

None

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 09/11/2001

Dates for Final Rule:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

08/16/2002 

 

09/03/2002 

To OMB

11/03/2002 

 

 

OMB Clearance

02/03/2003 

 

 

Publication Date

02/08/2003 

 

 

Explanation for any delay:

N/A

Federal Register Citation for Final Rule: None



Federal Aviation Administration

47. 

Revisions to Cockpit Voice Recorder and Digital Flight Data Recorder Regulations

Yellow

Popular Title: Cockpit Voice Recorder

RIN 2120-AH88

Stage: NPRM

Previous Stage:None

Summary: This rulemaking would amend the cockpit voice recorder (CVR) and digital flight data recorder (DFDR) regulations for certain air carriers, operators, and aircraft manufacturers. It would increase the duration of CVR and flight data recorder (FDR) recordings; increase the data recording rate of certain DFDR parameters; require physical separation of the DFDR and CVR; improve the reliability of the power supply to both the CVR and DFDR; and, if data-link communication equipment is installed, require that all data-link communication equipment is installed, require that all data-link communications received by an aircraft be recorded.

Effects:

 

None

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 08/30/1999

Dates for NPRM:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

 

 

08/28/2002 

Returned to Mode

 

 

09/05/2002 

To OMB

11/04/2002 

 

 

OMB Clearance

02/04/2003 

 

 

Publication Date

02/09/2003 

 

 

End of Comment Period

04/09/2003 

 

 

Explanation for any delay:

N/A

Federal Register Citation for NPRM: None



Federal Highway Administration

Federal Highway Administration

48. 

Federal Lands Highway Program; Management Systems Pertaining to the National Park Service and the Park Roads and Parkways Program

Yellow

Popular Title: FLS: NPS Roads

RIN 2125-AE52

Stage: NPRM

Previous Stage: ANPRM: Publication Date 09/01/1999; End of Comment Period 11/01/1999.

Summary: The Transportation Equity Act for the 21st Century (TEA-21) requires the Secretary of Transportation and the Secretary of each appropriate Federal land management agency to develop, to the extent appropriate, safety, bridge, pavement, and congestion management systems for roads funded under the Federal Lands Highway Program (FLHP). The Secretary of Transportation has delegated the authority to the FHWA to serve as the lead agency within the U.S. DOT to implement the FLHP. The roads funded under the FLHP include park roads and parkways, forest highways, refuge roads, and Indian reservation roads. This rulemaking would provide for the development and implementation of pavement, bridge, safety, and congestion management systems for transportation facilities under the National Park Service jurisdiction and funded by the FLHP.

Effects:

 

None

Prompting action: Statute

Legal Deadline: 

None

Rulemaking Project Initiated: 06/09/1998

Dates for NPRM:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

05/06/2002 

 

05/02/2002 

To OMB

06/03/2002 

 

09/10/2002 

OMB Clearance

09/03/2002 

 

 

Publication Date

09/19/2002 

 

 

End of Comment Period

11/19/2002 

 

 

Explanation for any delay:

N/A

Federal Register Citation for NPRM: None



Federal Highway Administration

49. 

Federal Lands Highway Program; Management Systems Pertaining to the Bureau of Indian Affairs and the Indian Reservation Roads Program

Yellow

Popular Title: FLS: BIA Roads

RIN 2125-AE53

Stage: NPRM

Previous Stage: ANPRM: Publication Date 09/01/1999; End of Comment Period 11/1/1999.

Summary: The Transportation Equity Act for the 21st Century (TEA-21) requires the Secretary of Transportation and the Secretary of each appropriate Federal land management agency to develop, to the extent appropriate, safety, bridge, pavement, and congestion management systems for roads funded under the Federal Lands Highway Program (FLHP). The Secretary of Transportation has delegated the authority to the FHWA to serve as the lead agency within the U.S. DOT to implement the FLHP. The roads funded under the FHLP include park roads and parkways, forest highways, refuge roads, and Indian reservation roads. This rulemaking would provide for the development and implementation of pavement, bridge, safety, and congestion management systems for transportation facilities providing access to Indian lands and funded under the FHLP.

Effects:

 

Tribal

Prompting action: Statute

Legal Deadline: 

None

Rulemaking Project Initiated: 06/09/1998

Dates for NPRM:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

05/06/2002 

 

05/02/2002 

To OMB

06/03/2002 

 

09/10/2002 

OMB Clearance

09/03/2002 

 

 

Publication Date

09/19/2002 

 

 

End of Comment Period

11/19/2002 

 

 

Explanation for any delay:

N/A

Federal Register Citation for NPRM: None



Federal Highway Administration

50. 

Federal Lands Highway Program; Management Systems Pertaining to the Fish and Wildlife Service and Refuge Roads Program

Yellow

Popular Title: FLS: FWS Roads

RIN 2125-AE54

Stage: NPRM

Previous Stage: ANPRM: Publication Date 09/01/1999; End of Comment Period 11/01/1999.

Summary: The Transportation Equity Act for the 21st Century (TEA-21) requires the Secretary of Transportation and the Secretary of each appropriate Federal land management agency to develop, to the extent appropriate, safety, bridge, pavement, and congestion management systems for roads funded under the Federal Lands Highway Program (FLHP). The Secretary of Transportation has delegated the authority to the FHWA to serve as the lead agency for the U.S. DOT to implement the FLHP. The roads funded under the FHLP include park roads and parkways, forest highways, refuge roads, and Indian reservation roads. This rulemaking would provide for the development and implementation of pavement, bridge, safety, and congestion management systems for transportation facilities serving the National Wildlife Refuge System funded under the FHLP.

Effects:

 

None

Prompting action: Statute

Legal Deadline: 

None

Rulemaking Project Initiated: 06/09/1998

Dates for NPRM:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

05/06/2002 

 

05/02/2002 

To OMB

06/03/2002 

 

09/10/2002 

OMB Clearance

09/03/2002 

 

 

Publication Date

09/19/2002 

 

 

End of Comment Period

11/19/2002 

 

 

Explanation for any delay:

N/A

Federal Register Citation for NPRM: None



Federal Highway Administration

51. 

Federal Lands Highway Program; Management Systems Pertaining to the Forest Service and the Forest Highway Programs

Yellow

Popular Title: FLS Forest Highways Program

RIN 2125-AE55

Stage: NPRM

Previous Stage: ANPRM: Publication Date 09/01/1999; End of Comment Period 11/01/1999.

Summary: The Transportation Equity Act for the 21st Century (TEA-21) requires the Secretary of Transportation and the Secretary of each appropriate Federal land management agency to develop, to the extent appropriate, safety, bridge, pavement, and congestion management systems for roads funded under the Federal Lands Highway Program (FLHP). The Secretary of Transportation has delegated the authority to the FHWA to serve as the lead agency within the U.S. DOT to implement the FLHP. The roads funded under the FHLP include park roads and parkways, forest highways, refuge roads, and Indian reservation roads. This rulemaking would provide for the development of pavement, bridge, safety, and congestion management systems for transportation facilities providing access to and within the National Forests and highways funded under the FLHP.

Effects:

 

None

Prompting action: Statute

Legal Deadline: 

None

Rulemaking Project Initiated: 06/09/1998

Dates for NPRM:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

05/06/2002 

 

05/02/2002 

To OMB

06/03/2002 

 

09/10/2002 

OMB Clearance

09/03/2002 

 

 

Publication Date

09/19/2002 

 

 

End of Comment Period

11/19/2002 

 

 

Explanation for any delay:

N/A

Federal Register Citation for NPRM: None



Federal Highway Administration

52. 

Statewide Transportation Planning; Metropolitan Transportation Planning

Black

Popular Title: Transportation Planning

RIN 2125-AE62

Stage: Withdrawal

Previous Stage: NPRM: Publication 5/25/2000; End of Comment Period 9/23/2000.

Summary: The FHWA and the FTA withdrew the proposed rulemaking in which the agencies proposed to amend the requirements on statewide and transportation planning. This withdrawal is based on the level of critical comment received, the development of alternate means for implementing the topics addressed in the NPRM and the pendency of reauthorization of the surface transportation program. The agencies withdrew this proposed rulemaking except for those sections that relate to "consultation with non-metropolitan local officials," which is addressed in the SNPRM published on June 19, 2002, at 67 FR 41648.

Effects:

 

Federalism

Prompting action: Statute

Legal Deadline: 

None

Rulemaking Project Initiated: 06/09/1998

Dates for Withdrawal :

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

 

 

03/21/2002 

Publication Approved

 

 

05/31/2002 

Publication Date

 

 

09/20/2002 

Explanation for any delay:

N/A

Federal Register Citation for Withdrawal : 67 FR 59219



Federal Highway Administration

53. 

NEPA and Related Procedures for Transportation Decisionmaking, Protection of Public Parks, Wildlife and Waterfowl Refuges, and Historic Sites

Black

Popular Title: NEPA and Related Procedures

RIN 2125-AE64

Stage: Withdrawal

Previous Stage: NPRM: Publication Date 5/25/2000; End of Comment Period 9/23/2000.

Summary: The FHWA and the FTA withdrew this proposed rulemaking proceeding that proposed to update and revise the National Environmental Policy Act (NEPA) implementation regulation for projects funded or approved by the FHWA and the FTA. The agencies intended to modify the regulation to reflect experience gained in administering these requirements and substantial changes in legislation that occurred since the regulations were issued in 1987. The agencies have determined that the proposed changes generated such a diversity and disparity of comments that substantial further work is necessary to develop new proposals and accommodate these comments.

Effects:

 

None

Prompting action: Statute

Legal Deadline: 

None

Rulemaking Project Initiated: 06/09/1998

Dates for Withdrawal :

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

 

 

05/02/2002 

Publication Approved

 

 

05/31/2002 

Publication Date

 

 

09/20/2002 

Explanation for any delay:

N/A

Federal Register Citation for Withdrawal : 67 FR 59225



Federal Highway Administration

54. 

Design-Build Contracting

Red

Popular Title: Design-Build Contracting

RIN 2125-AE79

Stage: Final Rule

Previous Stage: NPRM: Publication Date 10/19/2001; End of Comment Period 12/19/2001.

Summary: This rule would revise FHWA regulations to implement design-build contracting as mandated by the Transportation Equity Act for the 21st Century (TEA-21). TEA-21 requires the Secretary to issue regulations to allow design-build contracting for selected projects. This regulation would list the criteria and procedures that will be used by the FHWA in approving the use of design-build contracting by State Transportation Departments (STDs). This regulation would not require the use of the design-build contracting, but would allow STDs to use it as an optional technique in addition to traditional contracting methods.

Effects:

 

None

Prompting action: Statute

Legal Deadline: 

Final Rule : 06/09/2001

Rulemaking Project Initiated: 06/09/1998

Dates for Final Rule:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

05/02/2002 

05/20/2002 

05/23/2002 

To OMB

06/11/2002 

06/29/2002 

09/10/2002 

OMB Clearance

09/12/2002 

09/29/2002 

 

Publication Date

09/26/2002 

10/12/2002 

 

Explanation for any delay:

Unanticipated issues requiring further analysis

Federal Register Citation for Final Rule: None



Federal Highway Administration

55. 

Railroad-Highway Crossing Projects

Black

Popular Title: Railroad-Highway Crossing Projects

RIN 2125-AE81

Stage: NPRM

Previous Stage:None

Summary: This rulemaking would have clarified that installation projects for passive crossing control devices, done solely to meet the minimum crossing signing requirements of Federal law or regulation, do not preempt or displace State laws concerning the adequacy of such devices. The agency terminated this rulemaking project and will address the issue raised by the Supreme Court through other actions.

Effects:

 

Federalism

Prompting action: Court Decision

Legal Deadline: 

None

Rulemaking Project Initiated: 04/28/2000

Dates for NPRM:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

02/07/2001 

 

 

To OMB

03/15/2002 

 

 

OMB Clearance

06/17/2002 

 

 

Publication Date

07/01/2002 

 

 

Termination

 

 

07/26/2002 

Explanation for any delay:

N/A

Federal Register Citation for NPRM: None



Federal Highway Administration

56. 

National Bridge Inspection Standards

Green

Popular Title: NBIS

RIN 2125-AE86

Stage: NPRM

Previous Stage: ANPRM: Publication Date 09/26/2001; End of Comment Period 12/26/01.

Summary: This rulemaking would examine whether to revise the regulation on National Bridge Inspection Standards (NBIS) to incorporate current, state-of-the-art bridge inspection practices that public authorities may be using. It has been fourteen years since the NBIS regulations were updated. The experience, material, and technology changes over time dictate that the FHWA take a fresh look at these regulations. The FHWA has received some unsolicited comments from engineers, inspectors, transportation planners, and others recommending a number of changes to the FHWA's NBIS regulations. In revising these regulations the FHWA is considering incorporating a number of the FHWA policy memorandums and technical advisories into the regulation.

Effects:

 

Economically Significant

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 08/31/2001

Dates for NPRM:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

11/13/2002 

 

 

To OMB

12/13/2002 

 

 

OMB Clearance

03/13/2003 

 

 

Publication Date

03/26/2003 

 

 

End of Comment Period

05/26/2003 

 

 

Explanation for any delay:

N/A

Federal Register Citation for NPRM: None



Federal Highway Administration

57. 

Designation of Dromedary Equipped Truck Tractor-Semitrailers as Specialized Equipment

Yellow

Popular Title: Army Drom Box

RIN 2125-AE94

Stage: NPRM

Previous Stage:None

Summary: This rulemaking would consider including, as specialized equipment, dromedary equipped truck tractor-semitrailer combination vehicles when hauling munitions for the U.S. Department of Defense (DOD). This rulemaking is in response to a petition from the U.S. DOD, specifically the Department of the Army, that would help expedite the movement of munitions for the military, especially in times of national emergency.

Effects:

 

Federalism

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 06/22/2001

Dates for NPRM:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

05/13/2002 

 

04/09/2002 

Returned to Mode

 

 

05/09/2002 

Resubmitted to OST

 

 

05/29/2002 

To OMB

06/13/2002 

 

08/28/2002 

OMB Clearance

09/13/2002 

 

10/07/2002 

Publication Date

09/25/2002 

 

 

End of Comment Period

10/25/2002 

 

 

Explanation for any delay:

N/A

Federal Register Citation for NPRM: None



Federal Highway Administration

58. 

Statewide Transportation Planning; Metropolitan Transportation Planning

Black

Popular Title: Planning - SNPRM

RIN 2125-AE95

Stage: SNPRM

Previous Stage: NPRM: Publication Date 05/25/00; End of Comment Period 09/23/00.

Summary: The FHWA and the FTA jointly issued a NPRM on May 25, 2000 (RIN 2125-AE62) which proposed revisions to the regulations governing the development of transportation plans and programs for urbanized (metropolitan) areas and statewide transportation plans and programs. These revisions are a product of statutory changes made by the Transportation Equity Act for the 21st Century (TEA-21) enacted on June 9, 1998, and generally would revise existing regulatory language to make it consistent with current statutory requirements. The FTA and FHWA received numerous comments to the docket in response to this NPRM. The agencies are proposing an additional option concerning consultation with local officials.

Effects:

 

Federalism

Prompting action: Statute

Legal Deadline: 

None

Rulemaking Project Initiated: 06/09/1998

Dates for SNPRM:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

 

 

02/28/2002 

To OMB

 

 

04/08/2002 

OMB Clearance

 

 

06/10/2002 

Publication Date

 

 

06/19/2002 

End of Comment Period

 

 

08/19/2002 

Extension of Comment Period

 

 

08/19/2002 

End of Extended Comment Period

 

 

09/19/2002 

Explanation for any delay:

N/A

Federal Register Citation for SNPRM: 67 FR 41648



Federal Motor Carrier Safety Administration

Federal Motor Carrier Safety Administration

59. 

Commercial Driver's License Standards; Biometric Identifier

Red

Popular Title: CDL - Biometric Identifier

RIN 2126-AA01

Stage: NPRM

Previous Stage: ANPRM: Publication Date 5/15/89; End of Comment Period 7/14/89.

Summary: The Truck and Bus Regulatory Reform Act of 1988 required the DOT Secretary to issue regulations establishing minimum uniform standards for a biometric identification system for commercial motor vehicle (CMV) operators. In 1989, the agency (then the Federal Highway Administration) published an ANPRM to request comments on a pilot demonstration project using biometric identifiers that included retinal eye scans and fingerprint technologies. After considering comments to the ANPRM, the FHWA determined that technology had not progressed to the point where a nationwide identification system could be cost-effective and provide the benefits for which a system was intended. In 1991 the FHWA published a Notice of Information summarizing the results of the pilot study and the comments to demonstrate how the technologies studied fell short of the demands in the commercial licensing environment at the time. Section 4011(c) of the TEA-21, 49 USC 31308 amended, requires each commercial driver's license (CDL) issued by the States after January 1, 2001, to have unique identifiers (which may include biometric identifiers). The FMCSA established a pilot study to collect over 16,000 sample digital facial images and sets of fingerprints from volunteers in California, Georgia and West Virginia. California provided the lead for this study. The pilot study has been completed, and the contractor is finalizing the study results. The final report is expected in November 2002.

Effects:

 

None

Prompting action: Statute

Legal Deadline: 

Final rule : 12/31/1990

Rulemaking Project Initiated: 11/18/1988

Dates for NPRM:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

07/14/2003 

 

 

To OMB

08/14/2003 

 

 

OMB Clearance

11/14/2003 

 

 

Publication Date

11/28/2003 

 

 

Explanation for any delay:

Unanticipated impacts requiring further analysis

Federal Register Citation for NPRM: None



Federal Motor Carrier Safety Administration

60. 

Qualification of Drivers; Vision

Green

Popular Title: CDL; Vision

RIN 2126-AA05

Stage: NPRM

Previous Stage: ANPRM: Publication Date 2/28/92; End of Comment Period 4/28/92; Request for Comments: Publication Date 6/05/96; Interim Final Rule: Publication Date12/08/98; End of Comment Period 2/08/99.

Summary: As part of a review of the medical qualification standards applicable to interstate CMV drivers, the agency (then the Federal Highway Administration) requested comments on the need, if any, to amend its driver qualification requirements relating to the vision standard. A temporary waiver program was initiated and was concluded on March 31, 1996, to permit the FHWA to observe and collect data on the driving experience of a group of vision-deficient drivers who meet certain preconditions. The agency considered further research to develop comprehensive performance-based visual standards for all commercial drivers. Information about the proposed research plan and public hearing on the subject was published in the Federal Register on June 5, 1996, at 61 FR 28547. The FMCSA entered into a contract with a medical center to develop medically-based recommendations for amending the current Federal vision requirements. Recommendations were delivered in October 1998. The FMCSA is further evaluating and considering these recommendations to decide what, if any, further proposals should be made concerning the vision standard. Based on the findings of the medical panel, the FMCSA anticipates publishing an NPRM to amend its regulation governing the visual field requirement in the vision standard. Section 4007 of the Transportation Equity Act for the 21st Century (TEA-21, Public Law 105-178) enacted effective June 9, 1998, changes the agency's authority to issue waivers and exemptions. Procedures to implement the new authority were published on December 8, 1998 (63 FR 67600). FMCSA is now considering all requests for exemptions from the vision requirements in the Federal Motor Carrier Safety Regulations.

Effects:

 

None

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 02/01/1991

Dates for NPRM:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

02/15/2003 

 

 

To OMB

03/15/2003 

 

 

OMB Clearance

06/15/2003 

 

 

Publication Date

06/30/2003 

 

 

End of Comment Period

08/30/2003 

 

 

Explanation for any delay:

N/A

Federal Register Citation for NPRM: None



Federal Motor Carrier Safety Administration

61. 

Federal Motor Carrier Safety Regulations; General Transportation of Hazardous Materials

Red

Popular Title: General Transportation of HM

RIN 2126-AA07

Stage: Undetermined

Previous Stage: NPRM: Publication Date 6/17/93; End of Comment Period 8/16/93.

Summary: This rulemaking would implement the statutory requirements of 49 USC 5109 and 49 USC 5105. Section 5109 addresses the establishment of motor carrier safety permit regulations for motor carriers transporting Class A or B explosives, liquefied natural gases, hazardous materials designated as extremely toxic by inhalation, or highway route controlled quantity radioactive materials. Section 5105 requires inspection of vehicles transporting those radioactive materials before each trip. The rulemaking would incorporate those provisions into the safety permit regulations.

Effects:

 

None

Prompting action: Statute

Legal Deadline: 

Final Rule: : 11/15/1991

Rulemaking Project Initiated: 11/16/1990

Dates for Undetermined:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

 

 

 

To OMB

 

 

 

OMB Clearance

 

 

 

Publication Date

 

 

 

End of Comment Period

 

 

 

Explanation for any delay:

N/A

Federal Register Citation for Undetermined: None



Federal Motor Carrier Safety Administration

62. 

Minimum Training Requirements for Operators and Training Instructors of Multiple Trailer Combination Vehicles

Red

Popular Title: Training Rule

RIN 2126-AA08

Stage: NPRM

Previous Stage: ANPRM: Publication Date 01/05/1993; End of Comment Period 3/16/1993.

Summary: This rulemaking would establish minimum training requirements for operators of multiple trailer combination vehicles and the instructors who train these operators. This rulemaking is mandated by the Intermodal Surface Transportation Efficiency Act.

Effects:

 

Economically Significant
Major
Unfunded Mandate

Prompting action: Statute

Legal Deadline: 

Final Rule : 12/18/1993

Rulemaking Project Initiated: 12/18/1991

Dates for NPRM:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

08/15/2002 

08/15/2003 

 

To OMB

09/15/2002 

09/15/2003 

 

OMB Clearance

12/15/2002 

12/15/2003 

 

Publication Date

12/31/2002 

12/31/2003 

 

Explanation for any delay:

Unanticipated impacts requiring further analysis

Federal Register Citation for NPRM: None



Federal Motor Carrier Safety Administration

63. 

Training for Entry-Level Drivers of Commercial Motor Vehicles

Red

Popular Title: Training for Entry-Level Drivers

RIN 2126-AA09

Stage: Undetermined

Previous Stage: ANPRM: Publication Date 6/21/93; End of Comment Period 8/20/93; Report to Congress 2/05/96; Notice of Availability of Report 4/25/96.

Summary: This rulemaking will examine the need to require training of all entry-level drivers of commercial motor vehicles. FMCSA has submitted a report to Congress (2/05/96) on the effectiveness of private sector efforts to ensure adequate training of all entry-level drivers. This report included a cost-benefit study of requiring training of entry-level drivers. Public comments have been solicited on the report.

Effects:

 

None

Prompting action: Statute

Legal Deadline: 

Complete NPRM : 12/18/1992
Complete Final Rule : 12/18/1993

Rulemaking Project Initiated: 12/18/1991

Dates for Undetermined:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

 

 

 

To OMB

 

 

 

OMB Clearance

 

 

 

Publication Date

 

 

 

End of Comment Period

 

 

 

Explanation for any delay:

Unanticipated issues requiring further analysis

Federal Register Citation for Undetermined: None



Federal Motor Carrier Safety Administration

64. 

Commercial Driver Physical Fitness As Part Of The CDL Process

Green

Popular Title: Physical Fitness - CDL Process

RIN 2126-AA10

Stage: NPRM

Previous Stage: ANPRM: Publication Date 7/15/94; End of Comment Period 11/4/94.

Summary: This rulemaking would include the certification of fitness to operate a CMV in the commercial driver's license (CDL) process. Incorporating the commercial driver fitness determination into State-administered CDL procedures could allow elimination of the requirement that CMV drivers carry a separate medical certificate. The CDL would be evidence that the CMV driver is physically fit as well as operationally qualified to operate CMVs safely. This action addresses the driver's physical qualifications as they relate to the CDL process; it does not address whether those standards are correct or should be changed.

Effects:

 

None

Prompting action: Statute

Legal Deadline: 

None

Rulemaking Project Initiated: 07/15/1993

Dates for NPRM:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

09/30/2002 

 

 

To OMB

11/01/2002 

 

 

OMB Clearance

02/01/2003 

 

 

Publication Date

02/15/2002 

 

 

End of Comment Period

04/15/2003 

 

 

Explanation for any delay:

N/A

Federal Register Citation for NPRM: None



Federal Motor Carrier Safety Administration

65. 

Railroad-Highway Grade Crossing Safety

Red

Popular Title: Railroad-Highway Crossing

RIN 2126-AA18

Stage: Final Rule

Previous Stage: NPRM: Publication Date 7/30/98; End of Comment Period 11/27/98.

Summary: This action would prohibit operators of commercial motor vehicles from driving onto a railroad grade crossing unless there is sufficient space to drive completely through the crossing without stopping. The intent of this action is to reduce the incidence of collisions between trains and CMVs.

Effects:

 

None

Prompting action: Statute

Legal Deadline: 

Complete Final Rule : 02/16/1995

Rulemaking Project Initiated: 08/26/1994

Dates for Final Rule:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

09/18/2002 

 

 

To OMB

12/17/2002 

 

 

OMB Clearance

03/17/2003 

 

 

Publication Date

03/31/2003 

 

 

Explanation for any delay:

Unanticipated issues requiring further analysis

Federal Register Citation for Final Rule: None



Federal Motor Carrier Safety Administration

66. 

Unified Registration System

Red

Popular Title: URS

RIN 2126-AA22

Stage: NPRM

Previous Stage: ANPRM: Publication Date 8/26/96; End of Comment Period 10/25/96.

Summary: This action is in response to the requirements of section 103 of the Interstate Commerce Commission Termination Act of 1995, which added 49 USC 13908. This section requires the Secretary to complete a rulemaking proceeding to replace the current DOT identification number system, the single State registration system, the registration/licensing system and the financial responsibility system, with a single, on-line Federal system.

Effects:

 

None

Prompting action: Statute

Legal Deadline: 

Final Rule : 01/01/1998

Rulemaking Project Initiated: 01/01/1996

Dates for NPRM:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

02/15/2002 

09/13/2002 

 

To OMB

03/15/2002 

10/15/2002 

 

OMB Clearance

04/24/2002 

01/15/2002 

 

Publication Date

04/30/2002 

02/01/2003 

 

Explanation for any delay:

Unanticipated issues requiring further analysis

Federal Register Citation for NPRM: None



Federal Motor Carrier Safety Administration

67. 

Hours of Service of Drivers; Drivers Rest and Sleep for Safe Operations

Black

Popular Title: Hours of Service

RIN 2126-AA23

Stage: Undetermined

Previous Stage: ANPRM: Publication Date 11/5/96; End of Comment Period 3/31/97; NPRM: Publication Date 5/2/00; End of Comment Period 12/15/00.

Summary: This rulemaking would revise the regulations for commercial motor vehicle driver rest requirements and duty period limitations for safe highway transportation. A broad rulemaking is required by the ICC Termination Act of 1995 (ICCTA). Other congressional actions prior to the ICCTA require modifications to current rules.

Effects:

 

Economically Significant
Major
Unfunded Mandate
Regulatory Flexibility Act
Federalism

Prompting action: Statute

Legal Deadline: 

ANPRM : 03/01/1996
NPRM : 11/05/1997
Final Rule : 11/05/1999
FY01 Appropriations Act prohibited issuance of a final rule before : 10/01/2001

Rulemaking Project Initiated: 12/29/1995

Dates for Undetermined:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

 

 

 

To OMB

 

 

 

OMB Clearance

 

 

 

Publication Date

 

 

 

Explanation for any delay:

N/A

Federal Register Citation for Undetermined: None



Federal Motor Carrier Safety Administration

68. 

English Language Requirement; Qualifications of Drivers

Black

Popular Title: English Language

RIN 2126-AA31

Stage: Undetermined

Previous Stage: ANPRM: publication date 8/26/97; End of comment period 10/27/97.

Summary: The current regulation is little changed from the original rule adopted in 1936. The American Civil Liberties Union (ACLU) has written to the Department asserting that the regulation, as written, is overly broad and subject to arbitrary enforcement, causing potential interference with constitutional guarantees of due process and equal protection. The ACLU requested an opportunity to submit a comprehensive analysis of this issue. The ANPRM was intended to provide the ACLU with such an opportunity and to open this issue for public comment. The rulemaking would modify the current FMCSA regulation to require drivers to possess the basic functional communication/comprehension ability necessary to ensure safety, consistent with applicable law.

Effects:

 

Regulatory Flexibility Act

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 08/26/1996

Dates for Undetermined:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

 

 

 

To OMB

 

 

 

OMB Clearance

 

 

 

Publication Date

 

 

 

End of Comment Period

 

 

 

Explanation for any delay:

N/A

Federal Register Citation for Undetermined: None



Federal Motor Carrier Safety Administration

69. 

Transportation of Household Goods; Consumer Protection Regulations

Green

Popular Title: Household Goods

RIN 2126-AA32

Stage: Interim Final Rule

Previous Stage: NPRM: Publication Date 5/15/98 ; End of Comment Period: 7/14/98; Extension and Reopening of Comment Period: 8/12/98 ; End of Extended and Reopened Comment Period:10/13/98.

Summary: This rule would amend the regulations governing the interstate transportation of personal effects or property used, or to be used, in a private residence (household goods). FMCSA regulations specify how motor carriers who transport household goods by motor vehicle in interstate commerce (movers) must assist their individual customers who ship household goods. FMSCA is updating the regulations to make them easier to understand and to help consumers.

Effects:

 

None

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 01/15/2002

Dates for Interim Final Rule:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

07/16/2002 

 

08/16/2002 

To OMB

10/16/2002 

 

 

OMB Clearance

01/16/2003 

 

 

Publication Date

02/01/2003 

 

 

Explanation for any delay:

N/A

Federal Register Citation for Interim Final Rule: None



Federal Motor Carrier Safety Administration

70. 

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

Green

Popular Title: Mexican Motor Carriers

RIN 2126-AA34

Stage: Final Rule

Previous Stage: NPRM: Publication Date 05/03/2001; End of Comment Period 07/02/2001. Interim Final Rule: Publication Date 03/19/2002; End of Comment Period 04/18/2002.

Summary: This rulemaking changes FMCSA regulations to govern applications by Mexican carriers to operate beyond municipalities and commercial zones at the United State-Mexico border. It also revises the application form, OP-1MX, to be filed by these Mexican motor carriers. The revised form requires additional information about the applicant's business and operating practices to allow the FMCSA to determine if the applicant could meet the safety standards established for operating in interstate commerce in the United States. Carriers that had previously submitted an application would have to submit the updated form. These changes are needed to implement part of the North American Free Trade Agreement (NAFTA).

Effects:

 

None

Prompting action: International Agreement

Legal Deadline: 

None

Rulemaking Project Initiated: 02/07/2001

Dates for Final Rule:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

07/14/2003 

 

 

To OMB

08/14/2003 

 

 

OMB Clearance

11/14/2003 

 

 

Publication Date

11/28/2003 

 

 

Explanation for any delay:

N/A

Federal Register Citation for Final Rule: None



Federal Motor Carrier Safety Administration

71. 

Safety Monitoring System and Compliance Initiative for Mexican Motor Carriers Operating in the United States

Green

Popular Title: Mexican Motor Carriers

RIN 2126-AA35

Stage: Final Rule

Previous Stage: NPRM: Publication Date 05/03/2001; End of Comment Period 07/02/2001. Interim Final Rule: Publication Date 03/19/2002; End of Comment Period 04/18/2002.

Summary: The FMCSA proposes to implement a safety monitoring system and compliance initiative to ensure that Mexican-domiciled carriers conducting operations anywhere in the United States (U.S.) comply with applicable safety regulations and conduct safe operations. This NPRM would revise the safety fitness regulations at 49 CFR part 385 to implement an enhanced safety oversight program designed to evaluate the safety fitness of Mexican carriers within 18 months after receiving conditional authority to operate in the U.S. This proposal is necessary to implement the entry provisions of the North American Free Trade Agreement (NAFTA).

Effects:

 

Economically Significant
Major
Regulatory Flexibility Act
Federalism
EIS

Prompting action: International Agreement

Legal Deadline: 

None

Rulemaking Project Initiated: 02/07/2001

Dates for Final Rule:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

07/14/2003 

 

 

To OMB

08/14/2003 

 

 

OMB Clearance

11/14/2003 

 

 

Publication Date

11/28/2003 

 

 

Explanation for any delay:

N/A

Federal Register Citation for Final Rule: None



Federal Motor Carrier Safety Administration

72. 

General Requirements; Inspection, Repair, and Maintenance; Intermodal Container Chassis and Trailers

Black

Popular Title: Intermodal Chassis

RIN 2126-AA38

Stage: Undetermined

Previous Stage: ANPRM: Publication Date 2/17/99; End of Comment Period 4/19/99; End of Extended Comment Period 8/30/99.

Summary: In response to a petition for rulemaking filed by the American Trucking Association, Inc. (ATA) and the ATA Intermodal Conference, (the petitioners), the FHWA, the predecessor agency to the FMCSA, agreed to consider revisions to the requirements in parts 390 and 396 of the Federal Motor Carrier Safety regulations (FMCSRs) that place upon motor carriers the responsibility for maintaining intermodal container chassis and trailers. These regulations provide the requirements for the inspection, repair and maintenance of commercial motor vehicles. The agency is considering conducting a negotiated rulemaking for this rule.

Effects:

 

Regulatory Flexibility Act

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 03/17/1997

Dates for Undetermined:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

 

 

 

To OMB

 

 

 

OMB Clearance

 

 

 

Publication Date

 

 

 

End of Comment Period

 

 

 

Explanation for any delay:

N/A

Federal Register Citation for Undetermined: None



Federal Motor Carrier Safety Administration

73. 

Rules of Practice for Motor Carrier Proceedings; Investigations; Disqualifications and Penalties

Black

Popular Title: Zero Base

RIN 2126-AA39

Stage: Undetermined

Previous Stage:None

Summary: This rulemaking would amend the rules of practice for motor carrier safety, hazardous materials, and other enforcement proceedings, motor carrier safety ratings, driver qualification proceedings and the schedule of penalties for violations of the FMCSRs and the Hazardous Materials Regulations. It would also add provisions on investigative authority and procedures and general motor carrier responsibilities. These rules would increase the efficiency of the procedures, enhance due process and the awareness of the public and regulated community, and accommodate recent programmatic changes. The rules would apply to all motor carriers, other business entities, and individuals involved in motor carrier safety and hazardous materials administrative actions on the effective date of the final rule. The rules would constitute the major part of the administrative/procedural portion of the agency's zero-base revision of the entire FMCSRs.

Effects:

 

Federalism

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 08/19/1992

Dates for Undetermined:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

 

 

 

To OMB

 

 

 

OMB Clearance

 

 

 

Publication Date

 

 

 

End of Comment Period

 

 

 

Explanation for any delay:

N/A

Federal Register Citation for Undetermined: None



Federal Motor Carrier Safety Administration

74. 

Post Accident Controlled Substances and Alcohol Test Results; Reporting Requirements for the Fatality Analysis Reporting System

Green

Popular Title: Post Accident Controlled Substances

RIN 2126-AA50

Stage: NPRM

Previous Stage:None

Summary: The Federal Motor Carrier Safety Administration (FMCSA) is considering amending its controlled substances and alcohol testing regulations to require employers subject to those requirements to report certain information to State-employed Fatality Analysis Reporting System (FARS) analysts concerning fatal crashes/accidents. Currently, only the FMCSA and State officials with regulatory authority over the employer or any of its drivers may obtain information concerning controlled substances and alcohol testing results and records. This rulemaking would propose to require employers to provide information to FARS analysts, irrespective of their State authority, working under contract with the National Highway Traffic Safety Administration (NHTSA). The information employers would be required to submit to the analysts would enable the NHTSA, working in conjunction with the FMCSA, to compile and analyze data on the incidence of commercial motor vehicle (CMV) drivers who test positive for controlled substances and/or alcohol use in post-accident tests conducted after fatal crashes. The data would also be used by the FMCSA to help assess the effectiveness of its controlled substances and alcohol testing regulations. This action is intended to improve the FMCSA's and NHTSA's CMV crash data and assess the need for new initiatives to further reduce the use of controlled substances and alcohol by CMV drivers.

Effects:

 

None

Prompting action: Other

Legal Deadline: 

None

Rulemaking Project Initiated: 04/20/1999

Dates for NPRM:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

07/15/2003 

 

 

To OMB

08/15/2003 

 

 

OMB Clearance

11/14/2003 

 

 

Publication Date

11/28/2003 

 

 

End of Comment Period

01/28/2004 

 

 

Explanation for any delay:

N/A

Federal Register Citation for NPRM: None



Federal Motor Carrier Safety Administration

75. 

Safety Requirements for Operators of Small Passenger Carrying Commercial Motor Vehicles Used in Interstate Commerce

Red

Popular Title: Camionetas

RIN 2126-AA52

Stage: Final Rule

Previous Stage: NPRM: Publication Date 1/11/2001; End of Comment Period 4/11/2001.

Summary: This rulemaking would amend the FMCSRs to require that motor carriers operating commercial motor vehicles designed or used to transport between 9 and 15 passengers (including the driver) in interstate commerce comply with the safety regulations when they are directly compensated for such services, and the driver travels a distance greater than 75 air miles.

Effects:

 

None

Prompting action: Statute

Legal Deadline: 

Final Rule : 12/09/2000

Rulemaking Project Initiated: 12/09/1999

Dates for Final Rule:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

 

06/05/2002 

06/28/2002 

To OMB

 

07/08/2002 

09/04/2002 

OMB Clearance

 

10/08/2002 

 

Publication Date

12/31/2001 

10/22/2002 

 

Explanation for any delay:

Other, higher priorities

Federal Register Citation for Final Rule: None



Federal Motor Carrier Safety Administration

76. 

Interstate School Bus Safety

Black

Popular Title: Interstate School Bus Safety

RIN 2126-AA53

Stage: Undetermined

Previous Stage: ANPRM: Publication Date 10/22/01; End of Comment Period 1/22/02.

Summary: The FMCSA is considering whether to extend the applicability of the Federal Motor Carrier Safety Regulations (FMCSRs) to all interstate school transportation operations (thus excluding home-to-school or school-to-home transportation) by local, governmentally-operated educational agencies. This action responds to section 4024 of the Transportation Equity Act for the 21st Century (TEA-21), which directs the FMCSA to determine whether the FMSCRs should apply to these operations.

Effects:

 

None

Prompting action: Statute

Legal Deadline: 

Initiate rulemaking : 12/09/1998

Rulemaking Project Initiated: 06/09/1998

Dates for Undetermined:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

 

 

 

To OMB

 

 

 

OMB Clearance

 

 

 

Publication Date

 

 

 

End of Comment Period

 

 

 

Explanation for any delay:

N/A

Federal Register Citation for Undetermined: None



Federal Motor Carrier Safety Administration

77. 

New Entrant Safety Assurance Process

Black

Popular Title: New Entrant

RIN 2126-AA59

Stage: Undetermined

Previous Stage: Interim Final Rule: Publication Date 05/13/2002; End of Comment Period 7/12/2002.

Summary: This rule establishes minimum requirements for new entrant motor carriers to ensure that they are knowledgeable about applicable Federal motor carrier safety standards. The new entrants remain in provisional status for 18 months during which time they must successfully complete a safety audit. FMCSA was directed to issue an Interim Final Rule by section 350(a)(10) of the FY 2002 DOT Appropriations Act.

Effects:

 

None

Prompting action: Statute

Legal Deadline: 

None

Rulemaking Project Initiated: 12/09/1999

Dates for Undetermined:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

 

 

 

To OMB

 

 

 

OMB Clearance

 

 

 

Publication Date

 

 

 

End of Comment Period

 

 

 

Explanation for any delay:

N/A

Federal Register Citation for Undetermined: None



Federal Motor Carrier Safety Administration

78. 

Certification of Safety Auditors, Safety Investigators, and Safety Inspectors

Green

Popular Title: Safety Auditors

RIN 2126-AA64

Stage: Final Rule

Previous Stage: Interim Final Rule : Publication Date 03/19/2002; End of Comment Period 05/20/2002; Extension of Compliance 06/17/2002; End of Extended Compliance 07/17/2002.

Summary: This rule requires that any safety inspection, audit, or review be conducted by a certified investigator. It would give the FMCSA authority to decertify an investigator for failure to meet the prescribed certification standards. It is required by section 211 of the Motor Carrier Safety Improvement Act.

Effects:

 

Regulatory Flexibility Act

Prompting action: Statute

Legal Deadline: 

Complete NPRM : 12/09/2000

Rulemaking Project Initiated: 12/09/1999

Dates for Final Rule:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

07/15/2003 

 

 

To OMB

08/15/2003 

 

 

OMB Clearance

11/14/2003 

 

 

Publication Date

11/28/2003 

 

 

Explanation for any delay:

N/A

Federal Register Citation for Final Rule: None



Federal Motor Carrier Safety Administration

79. 

Parts and Accessories Necessary for Safe Operation; Certification of Compliance with Federal Motor Vehicle Safety Standards (FMVSSs)

Black

Popular Title: Parts and Accessories Necessary for Safe Operation

RIN 2126-AA69

Stage: Undetermined

Previous Stage: NPRM: Publication Date 03/19/2002; End of Comment Period 05/20/2002.

Summary: This rulemaking would amend the Federal Motor Carrier Safety Regulations (FMCSRs) so that motor carriers ensure that each commercial motor vehicle (CMV) they operate in interstate commerce displays a label certifying that the vehicle complies with all applicable Federal Motor Vehicle Safety Standards (FMVSSs) in effect on the date of manufacture. This rulemaking would ensure that all motor carriers operating CMVs in the United States use only vehicles that were certified by the manufacturer as meeting all applicable Federal safety performance requirements.

Effects:

 

None

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 06/01/2002

Dates for Undetermined:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

 

 

 

To OMB

 

 

 

OMB Clearance

 

 

 

Publication Date

 

 

 

End of Comment Period

 

 

 

Explanation for any delay:

N/A

Federal Register Citation for Undetermined: None



Federal Motor Carrier Safety Administration

80. 

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

Green

Popular Title: USA PATRIOT Act Rule

RIN 2126-AA70

Stage: Interim Final Rule

Previous Stage:None

Summary: The FMCSA amends the Federal Motor Carrier Safety Regulations (FMCSRs) to prohibit States from issuing or renewing a commercial driver's license with an endorsement to operate a motor vehicle transporting a hazardous material unless the Department of Justice has first conducted a background check on the applicant, and DOT has determined, based upon that investigation, that the applicant does not pose a security risk warranting denial of the license. The interim final rule responds to section 1012 of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA PATRIOT ACT).

Effects:

 

None

Prompting action: Statute

Legal Deadline: 

None

Rulemaking Project Initiated: 10/26/2001

Dates for Interim Final Rule:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

 

 

04/19/2002 

Returned to Mode

 

 

05/30/2002 

Resubmitted to OST

 

 

07/09/2002 

To OMB

10/15/2002 

 

 

OMB Clearance

01/15/2003 

 

 

Publication Date

02/01/2003 

 

 

Explanation for any delay:

N/A

Federal Register Citation for Interim Final Rule: None



Federal Motor Carrier Safety Administration

81. 

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

Green

Popular Title: Penalty, Inspection and Decals

RIN 2126-AA72

Stage: Interim Final Rule

Previous Stage:None

Summary: This rulemaking would amend the Federal Motor Carrier Safety Regulations (FMCSRs) to incorporate the requirement, codified in parts 365 and 385 of the agency's regulations, that all commercial motor vehicles operated by Mexico-domiciled motor carriers holding authority to transport property or passengers beyond the commercial zones of U.S. municipalities on the United States-Mexico border display a Commercial Vehicle Safety Alliance (CVSA) decal issued by the CVSA-certified inspector. Adding this requirement to part 396 will enable FMCSA to assess civil penalties against Mexico-domiciled long-haul motor carriers that operate vehicles without the necessary CVSA decal. This rule would also clarify that carriers will be required to obtain the necessary inspection decal before proceeding beyond border ports of entry. By providing for more effective enforcement of the inspection and decal requirements, this rule will help ensure that these motor carriers operate safe vehicles in the United States.

Effects:

 

None

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 02/09/2002

Dates for Interim Final Rule:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

 

 

07/29/2002 

To OMB

10/15/2002 

 

 

OMB Clearance

01/15/2003 

 

 

Publication Date

02/01/2003 

 

 

Explanation for any delay:

N/A

Federal Register Citation for Interim Final Rule: None



Federal Motor Carrier Safety Administration

82. 

Hazardous Material Route Plans

Black

Popular Title: Route Plans

RIN 2126-AA75

Stage: Undetermined

Previous Stage:None

Summary: This rulemaking would require hazardous materials carriers to prepare and sign a route plan. The plan must be in the possession of the driver of any Table 1 hazardous material (explosives, radioactive materials, and poison by inhalation hazard materials). It was terminated because RSPA has addressed the problem; it will be deleted from the next Regulatory Agenda.

Effects:

 

None

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 05/13/2002

Dates for Undetermined:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

 

 

 

To OMB

 

 

 

OMB Clearance

 

 

 

Publication Date

 

 

 

Termination

 

 

09/26/2002 

Explanation for any delay:

N/A

Federal Register Citation for Undetermined: None



Federal Motor Carrier Safety Administration

83. 

Hours of Service of Drivers; Supporting Documents

Green

Popular Title: Supporting Documents

RIN 2126-AA76

Stage: SNPRM

Previous Stage: NPRM: Publication Date:4/20/1998; End of Comment Period: 6/19/1998.

Summary: The rulemaking would amend the hours-of-service recordkeeping requirements to clarify what supporting documents motor carriers must have to validate hours of service records.

Effects:

 

Regulatory Flexibility Act

Prompting action: Statute

Legal Deadline: 

None

Rulemaking Project Initiated: 08/26/1994

Dates for SNPRM:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

11/15/2002 

 

 

To OMB

01/03/2003 

 

 

OMB Clearance

04/03/2003 

 

 

Publication Date

03/31/2003 

 

 

Explanation for any delay:

N/A

Federal Register Citation for SNPRM: None



Federal Motor Carrier Safety Administration

84. 

Registration Enforcement

Green

Popular Title: Registration Enforcement

RIN 2126-AA78

Stage: Interim Final Rule

Previous Stage:None

Summary: This emergency rulemaking would amend FMCSA regulations to require that a motor carrier subject to the registration requirements under 49 U.S.C. 13902 may not operate a commercial motor vehicle in interstate commerce unless it has registered with FMCSA. Motor carriers would be further prohibited from operating beyond the scope of their registration. If an unregistered carrier's motor vehicle is discovered in operation or being operated beyond the scope of the carrier's registration, such motor vehicle will be placed out-of-service and the carrier may be subject to additional penalties. The States are currently required to enforce these registration requirements as a condition for receipt of Motor Carrier Safety Assistance Program funds. Amending the Federal Motor Carrier Safety Regulations (FMCSRs) to specifically include the out-of-service (OOS) provisions will help ensure that all carriers subject to 49 U.S.C. 13902: (1) are apprised of and comply with applicable FMCSR's, (2) operate only within the scope of registration, and (3) operate safe vehicles within the United States. This would also allow the agency to more accurately identify and monitor the safety fitness of motor carriers.

Effects:

 

None

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 06/01/2002

Dates for Interim Final Rule:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

 

 

08/06/2002 

To OMB

 

 

08/09/2002 

OMB Clearance

 

 

08/21/2002 

Publication Approved

 

 

08/21/2002 

Publication Date

08/27/2002 

 

08/28/2002 

End of Comment Period

09/27/2002 

 

10/28/2002 

Dates for Final Rule:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

07/14/2003 

 

 

To OMB

08/14/2003 

 

 

OMB Clearance

11/14/2003 

 

 

Publication Date

11/28/2003 

 

 

Explanation for any delay:

N/A

Federal Register Citation for Interim Final Rule: None



Federal Railroad Administration

Federal Railroad Administration

85. 

Whistle Bans at Highway-Rail Grade Crossings

Red

Popular Title: Whistle Bans

RIN 2130-AA71

Stage: Final Rule

Previous Stage: NPRM: Publication Date 01/13/00; End of Comment Period 05/26/00.

Summary: Pub. Law 103-440 requires the Secretary to prohibit local whistle bans, except where there is no significant risk of accidents, alternative safety measures are adequate, or where use of a horn as a warning is impractical. After publishing an NPRM, FRA participated in extensive public hearings to gather comments and is now preparing a final rule to implement the statute.

Effects:

 

Regulatory Flexibility Act
Federalism
EIS

Prompting action: Statute

Legal Deadline: 

Final Rule : 11/02/1996
In 2000, Congress passed legislation prohibiting final rule publication before : 07/01/2001

Rulemaking Project Initiated: 11/02/1994

Dates for Final Rule:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

 

12/18/2002 

 

To OMB

 

01/17/2003 

 

OMB Clearance

 

04/18/2003 

 

Publication Date

12/01/2001 

04/25/2003 

 

Explanation for any delay:

Awaiting development of additional data

Federal Register Citation for Final Rule: None



Federal Railroad Administration

86. 

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

Red

Popular Title: Positive Train Control

RIN 2130-AA94

Stage: Final Rule

Previous Stage: NPRM: Publication Date 08/10/2001; End of Comment Period 11/08/2001.

Summary: This rulemaking seeks to facilitate the introduction of positive train control technology by providing performance-based standards for new signal and train control systems. FRA moved radio communications to RIN 2130-AB19, a nonsignificant rulemaking.

Effects:

 

Negotiated Rulemaking

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 11/28/1995

Dates for Final Rule:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

06/14/2002 

02/07/2003 

 

To OMB

07/08/2002 

03/07/2003 

 

OMB Clearance

10/15/2002 

06/06/2003 

 

Publication Date

10/18/2002 

06/11/2003 

 

Explanation for any delay:

Unanticipated impacts requiring further analysis

Federal Register Citation for Final Rule: None



Federal Railroad Administration

87. 

Locational Requirement for Dispatching of United States Rail Operations

Green

Popular Title: Dispatch Rule

RIN 2130-AB38

Stage: Final Rule

Previous Stage: Interim Final Rule: Publication Date 12/11/2001; End of Comment Period 02/11/2002

Summary: The interim final rule added a requirement to FRA rail safety rules to require that dispatching of trains traveling on U.S. soil be carried out by personnel located on U.S. soil. The rule permits exceptions for emergency situations and very short segments of U.S. trackage that are essentially a part of a foreign (e.g., Canadian) system.

Effects:

 

None

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 12/01/1999

Dates for Final Rule:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

08/14/2002 

 

08/28/2002 

To OMB

10/28/2002 

 

10/09/2002 

OMB Clearance

11/27/2002 

 

 

Publication Approved

12/02/2002 

 

 

Publication Date

12/10/2002 

 

 

Explanation for any delay:

N/A

Federal Register Citation for Final Rule: None



Federal Railroad Administration

88. 

Application of Random Testing and Other Alcohol and Drug Regulations to Employees of Foreign Railroads

Yellow

Popular Title: Control of Alcohol and Drug Use

RIN 2130-AB39

Stage: Final Rule

Previous Stage: NPRM: Publication Date 12/11/2001; Extension of Comment Period 08/28/2002.

Summary: This action would apply FRA's random testing and other alcohol and drug requirements to employees of a foreign railroad whose primary reporting point is outside the United States, and who perform train service or dispatching service in the United States. Such employees are currently exempt from random testing, pre-employment testing, and requirements for employee self-referral and co-worker report policies.

Effects:

 

None

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 11/30/1999

Dates for Final Rule:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

08/14/2002 

 

08/28/2002 

To OMB

10/28/2002 

 

 

OMB Clearance

11/27/2002 

 

 

Publication Approved

12/02/2002 

 

 

Publication Date

12/10/2002 

 

 

Explanation for any delay:

N/A

Federal Register Citation for Final Rule: None



Federal Railroad Administration

89. 

Minimum Standards for Temperature in the Locomotive Cab

Black

Popular Title: Temperature

RIN 2130-AB46

Stage: Undetermined

Previous Stage:None

Summary: This rulemaking would amend current minimum temperature requirements and establish maximum cab temperature requirements.

Effects:

 

Regulatory Flexibility Act

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 02/10/1999

Dates for Undetermined:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

 

 

 

To OMB

 

 

 

OMB Clearance

 

 

 

Publication Date

 

 

 

End of Comment Period

 

 

 

Explanation for any delay:

N/A

Federal Register Citation for Undetermined: None



Federal Transit Administration

Federal Transit Administration

90. 

Bus Testing Program

Black

Popular Title: Bus Testing

RIN 2132-AA30

Stage: SNPRM

Previous Stage: NPRM: Publication Date 05/25/1989; End of Comment Period 07/24/1989. Interim Final Rule: Publication Date 08/23/1989; Comment Period Reopened 11/30/1989; Interim Final Rule-Second 10/09/1990; Interim Procedures 09/13/1991; Interim Final Rule-New Vehicle Types 07/28/1992; Interim Final Rule-Partial Effectiveness Postponed 10/13/1992; Interim Final Rule-Comment Period Closed 1/29/93; Interim Final Rule-Partial Effectiveness Postponed 02/23/1993; Notice of Meeting 02/26/93.

Summary: This rulemaking would implement a statutory provision that requires any new bus model purchased after September 30, 1989, be tested at a facility established by the Secretary, by law, in Altoona, Pa. FTA has published a series of seven interim final rules to implement this requirement. FTA is considering whether to have to apply bus testing requirements to new vehicle types and systems (e.g., bus rapid transit).

Effects:

 

None

Prompting action: Statute

Legal Deadline: 

None

Rulemaking Project Initiated: 04/02/1987

Dates for SNPRM:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

 

 

 

To OMB

 

 

 

OMB Clearance

 

 

 

Publication Date

 

 

 

End of Comment Period

 

 

 

Explanation for any delay:

N/A

Federal Register Citation for SNPRM: None



Federal Transit Administration

91. 

NEPA and Related Procedures for Transportation Decision-Making; Protection of Public Works, Wildlife and Waterfowl Refuges, and Historic Sites

Black

Popular Title: NEPA and Related Procedures

RIN 2132-AA43

Stage: Withdrawal

Previous Stage: NPRM: Publication Date 5/25/2000; End of Comment Period 9/23/2000.

Summary: The FHWA and the FTA withdrew this proposed rulemaking proceeding that proposed to update and revise the National Environmental Policy Act (NEPA) implementation regulation for projects funded or approved by the FHWA and the FTA. The agencies intended to modify the regulation to reflect experience gained in administering these requirements and substantial changes in legislation that occurred since the regulations were issued in 1987. The agencies have determined that the proposed changes generated such a diversity and disparity of comments that substantial further work is necessary to develop new proposals and accommodate these comments.

Effects:

 

None

Prompting action: Statute

Legal Deadline: 

None

Rulemaking Project Initiated: 06/09/1998

Dates for Withdrawal :

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

 

 

05/02/2002 

Publication Approved

 

 

05/31/2002 

Publication Date

 

 

09/20/2002 

Explanation for any delay:

N/A

Federal Register Citation for Withdrawal : 67 FR 59225



Federal Transit Administration

92. 

Clean Fuels Formula Grant Program

Green

Popular Title: Clean Fuels

RIN 2132-AA64

Stage: Final Rule

Previous Stage: NPRM: Publication Date 8/28/2001; End of Comment Period 10/21/2001.

Summary: This rulemaking would implement a Transportation Equity Act for the 21st Century provision requiring FTA to establish a new clean fuels grant program. The rulemaking would establish procedures for recipients to use in applying for grants under this program.

Effects:

 

None

Prompting action: Statute

Legal Deadline: 

None

Rulemaking Project Initiated: 11/09/1998

Dates for Final Rule:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

05/10/2002 

 

03/15/2002 

To OMB

05/15/2002 

 

05/10/2002 

OMB Clearance

06/15/2002 

 

05/31/2002 

Publication Date

07/01/2002 

 

06/11/2002 

Explanation for any delay:

N/A

Federal Register Citation for Final Rule: 67 FR 40099



Federal Transit Administration

93. 

Statewide Metropolitan Transportation Planning

Black

Popular Title: Transportation Planning

RIN 2132-AA66

Stage: Withdrawal

Previous Stage: NPRM: Publication 5/25/00; End of Comment Period 9/3/00.

Summary: The FHWA and the FTA withdrew the proposed rulemaking in which the agencies proposed to amend the requirements on statewide and transportation planning. This withdrawal is based on the level of critical comment received, the development of alternate means for implementing the topics addressed in the NPRM and the pendency of reauthorization of the surface transportation program. The agencies withdrew this proposed rulemaking except for those sections that relate to "consultation with non-metropolitan local officials," which is addressed in the SNPRM published on June 19, 2002, at 67 FR 41648.

Effects:

 

Federalism

Prompting action: Statute

Legal Deadline: 

None

Rulemaking Project Initiated: 06/09/1998

Dates for Withdrawal :

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

 

 

03/21/2002 

Publication Approved

 

 

05/31/2002 

Publication Date

 

 

09/20/2002 

Explanation for any delay:

N/A

Federal Register Citation for Withdrawal : 67 FR 59219



Federal Transit Administration

94. 

Statewide Transportation Planning; Metropolitan Transportation Planning

Green

Popular Title: Planning- SNPRM

RIN 2132-AA75

Stage: SNPRM

Previous Stage: NPRM: Publication Date 05/25/00; End of Comment Period 09/23/00.

Summary: The FHWA and the FTA jointly issued a NPRM on May 25, 2000 (RIN 2132-AA66), which proposed revisions to the regulations governing the development of transportation plans and programs for urbanized (metropolitan) areas and statewide transportation plans and programs. These revisions are a product of statutory changes made by the Transportation Equity Act for the 21st Century (TEA-21) enacted on June 9, 1998, and generally would revise existing regulatory language to make it consistent with current statutory requirements. The FTA and FHWA received numerous comments to the docket in response to this NPRM. The agencies are proposing an additional option concerning consultation with local officials.

Effects:

 

Federalism

Prompting action: Statute

Legal Deadline: 

None

Rulemaking Project Initiated: 06/09/1998

Dates for SNPRM:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

 

 

02/28/2002 

To OMB

 

 

04/08/2002 

OMB Clearance

 

 

06/10/2002 

Publication Date

 

 

06/19/2002 

End of Comment Period

 

 

08/15/2002 

Explanation for any delay:

N/A

Federal Register Citation for SNPRM: 67 FR 41648



Maritime Administration

Maritime Administration

95. 

Cargo Preference Regulations-Carriage of Agricultural Exports

Red

Popular Title: Agricultural Exports

RIN 2133-AB37

Stage: NPRM

Previous Stage: ANPRM: Publication Date 1/28/99; End of Comment Period 3/29/99.

Summary: This rulemaking would update and clarify the cargo preference regulations to increase regulatory compliance. MARAD issued the cargo preference regulations to implement the requirements of section 901 of the Merchant Marine Act, 1936, as amended. Departments, agencies, and shippers who must comply with the Act must follow the cargo preference regulations.

Effects:

 

None

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 12/01/1996

Dates for NPRM:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

 

 

02/17/2000 

Withdrawn from OMB

 

 

02/01/2001 

Resubmission to OST

05/08/2002 

11/01/2002 

 

Concurrences Due

05/15/2002 

11/08/2002 

 

Resubmission to OMB

06/05/2002 

11/29/2002 

 

OMB Clearance

09/04/2002 

02/28/2003 

 

Publication Date

09/11/2002 

03/13/2003 

 

Explanation for any delay:

Additional coordination necessary

Federal Register Citation for NPRM: None



National Highway Traffic Safety Administration

National Highway Traffic Safety Administration

96. 

Crashworthiness Ratings

Green

Popular Title: Crashworthiness Ratings

RIN 2127-AA03

Stage: Withdrawal

Previous Stage: NPRM: Publication Date 1/22/81; End of Comment Period 4/22/81; Request for Comments: Publication Date 5/20/97; End of Comment Period 8/18/97.

Summary: This action would require manufacturers to disseminate crashworthiness performance information concerning their cars to the public. This information would provide consumers with comparative information on the crashworthiness performance of new car models. NHTSA is planning on withdrawing the proposal because it is being addressed through the New Car Assessment Program (NCAP).

Effects:

 

None

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 01/22/1981

Dates for Withdrawal :

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

02/15/2003 

 

 

Publication Approved

03/15/2003 

 

 

Publication Date

03/19/2003 

 

 

Explanation for any delay:

N/A

Federal Register Citation for Withdrawal : None



National Highway Traffic Safety Administration

97. 

Flammability of Interior Materials in School Buses

Green

Popular Title: Bus Flammability

RIN 2127-AA44

Stage: Withdrawal

Previous Stage: ANPRM: Publication Date 11/04/1988, End of Comment Period 1/3/89; Request for Comments: Publication Date 02/26/91; End of Comment Period 4/29/91.

Summary: This rulemaking considered upgrading Standard No. 302's flammability resistance requirements for school bus interiors. After reviewing the available information, NHTSA is considering withdrawing this rulemaking and evaluating whether (1) the risks presented by school bus fires pose a minimal safety problem, (2) the agency's upgrading of Standard No. 217's emergency exit requirements will allow faster evacuation from school buses and will reduce the already minimal safety problem due to fire, (3) significant costs would have resulted from upgrading Standard No. 302, and (4) further research would have been necessary before a test protocol and criteria regarding the conditions vital for survivability in a fire could have been proposed, utilizing scarce agency resources which could be put to more effective uses elsewhere.

Effects:

 

None

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 10/12/1988

Dates for Withdrawal :

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

05/05/2003 

 

 

Publication Date

07/07/2003 

 

 

Explanation for any delay:

N/A

Federal Register Citation for Withdrawal : None



National Highway Traffic Safety Administration

98. 

Platform Lift Requirements

Red

Popular Title: Wheel Chair Lifts

RIN 2127-AD50

Stage: Final Rule

Previous Stage: NPRM: Publication Date 02/26/1993; End of Comment Period 04/27/1993. SNPRM: Publication Date 7/27/00; End of Comment Period 10/25/00.

Summary: This rulemaking would establish two new safety standards: an equipment standard specifying requirements for platform lifts; and a vehicle standard for all vehicles equipped with such lifts. The purpose of the two standards is to prevent injuries and fatalities during lift operation and to promote uniformity of Federal standards and guidelines for platform lifts.

Effects:

 

None

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 10/29/1990

Dates for Final Rule:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

 

05/09/2002 

05/29/2002 

To OMB

 

06/10/2002 

08/23/2002 

OMB Clearance

 

09/10/2002 

 

Publication Date

12/31/2001 

09/24/2002 

 

Explanation for any delay:

Unanticipated issues requiring further analysis

Federal Register Citation for Final Rule: None



National Highway Traffic Safety Administration

99. 

Fuel Economy Standards- Rights and Responsibilities of Manufacturers in the Context of Changes in Corporate Relationships

Green

Popular Title: Fuel Economy Standards

RIN 2127-AG97

Stage: Final Rule

Previous Stage: NPRM: Publication Date 01/22/2001; End of Comment Period 3/22/01.

Summary: This rulemaking would define the rights and responsibilities of manufacturers under the agency's corporate average fuel economy program in the context of changes in corporate relationships. It addresses the rights and responsibilities of predecessors and successors, as well as the rights and responsibilities of manufacturers in other situations where there have been changes in corporate relationships, e.g., changes in control. Among other things, it would address how fuel economy credits are allocated in these types of situations.

Effects:

 

None

Prompting action: Statute

Legal Deadline: 

None

Rulemaking Project Initiated: 04/27/1998

Dates for Final Rule:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

02/15/2003 

 

 

To OMB

03/17/2003 

 

 

OMB Clearance

06/17/2003 

 

 

Publication Date

07/01/2003 

 

 

End of Comment Period

09/01/2003 

 

 

Explanation for any delay:

N/A

Federal Register Citation for Final Rule: None



National Highway Traffic Safety Administration

100. 

FMVSS: Head Restraints (Height and Distance Requirements)

Green

Popular Title: Head Restraints (Height and Distance Req)

RIN 2127-AH09

Stage: Final Rule

Previous Stage: NPRM: Publication Date 01/04/2001; End of Comment Period 03/05/2001.

Summary: This rulemaking would upgrade the standard for head restraints for passenger cars and for light multipurpose vehicles, trucks and buses. The rule would establish higher minimum height requirements for head restraints and add a requirement limiting backset, i.e., the distance between a person's head and his or her head restraint. The proposal would also extend the requirement for head restraints to rear outboard designated seating positions; establish new strength requirements for head restraints; and place limits on the size of gaps and openings in head restraints. In addition, it would modify the dynamic compliance test and amend test procedures. The rulemaking would harmonize the standard with the counterpart regulation of the Economic Commission for Europe to an extent.

Effects:

 

Economically Significant
Major
Unfunded Mandate

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 03/01/2001

Dates for Final Rule:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

02/01/2003 

 

 

To OMB

03/03/2003 

 

 

OMB Clearance

06/03/2003 

 

 

Publication Date

06/03/2003 

 

 

End of Comment Period

08/13/2003 

 

 

Explanation for any delay:

N/A

Federal Register Citation for Final Rule: None



National Highway Traffic Safety Administration

101. 

Frontal Offset Protection

Green

Popular Title: Frontal Offset

RIN 2127-AH73

Stage: NPRM

Previous Stage:None

Summary: This rulemaking would establish a Federal Motor Vehicle Safety Standard for high speed frontal offset crash testing. The frontal offset test is a crash test for automobiles and light trucks in which the subject vehicles are run into a deformable honeycomb barrier. The barrier contacts only 40 percent of the front of the vehicle stimulating an off-center frontal collision. The agency is considering adding the offset test to the frontal occupant protection standard to measure vehicle structural integrity and reduce the number and severity of lower-body injuries.

Effects:

 

None

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 11/22/1999

Dates for NPRM:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

04/01/2003 

 

 

To OMB

05/01/2003 

 

 

OMB Clearance

08/01/2003 

 

 

Publication Date

08/08/2003 

 

 

End of Comment Period

10/08/2003 

 

 

Explanation for any delay:

N/A

Federal Register Citation for NPRM: None



National Highway Traffic Safety Administration

102. 

Reporting of Information and Documents About Potential Defects Retention of Records That Could Indicate Defects

Red

Popular Title: Early Warning Reporting Requirements

RIN 2127-AI25

Stage: Final Rule

Previous Stage: ANPRM: Publication Date 1/22/01; End of Comment Period 3/23/01; NPRM: Publication Date 12/21/01; End of Comment Period 2/4/02.

Summary: This rulemaking would implement the "early warning reporting requirements" of the Transportation Recall Enhancement, Accountability, and Documentation (TREAD) Act. Under this proposal, motor vehicle and motor vehicle equipment manufacturers would be required to report information and to submit documents on customer satisfaction campaigns and other activities that may assist in identifying defects related to motor vehicle safety.

Effects:

 

None

Prompting action: Statute

Legal Deadline: 

Initiate Rulemaking : 03/01/2001
Issue final rule : 06/30/2002

Rulemaking Project Initiated: 11/01/2000

Dates for Final Rule:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

 

 

05/31/2002 

To OMB

 

 

06/14/2002 

OMB Clearance

 

 

07/03/2002 

Publication Date

 

 

07/10/2002 

Explanation for any delay:

Unanticipated impacts requiring further analysis

Federal Register Citation for Final Rule: 67 FR 45821



National Highway Traffic Safety Administration

103. 

TREAD; Tire Safety Information

Red

Popular Title: Tire Safety Information

RIN 2127-AI32

Stage: Final Rule

Previous Stage: ANPRM: Publication Date 12/01/00; End of Comment Period 1/30/01; NPRM: Publication Date 12/19/01; End of Comment Period 2/19/02.

Summary: This rulemaking would improve the labeling of tires to assist consumers in identifying tires that may be the subject of a safety recall. It also would increase public awareness of the importance and methods of observing motor vehicle tire load limits and maintaining proper tire inflation levels for the safe operation of a motor vehicle. It would apply to all new and retreaded tires for use on vehicles with a gross vehicle weight rating of 10,000 pounds or less and to all vehicles with a gross vehicle weight rating of 10, 000 pounds or less, except for motorcycles and low speed vehicles. This rulemaking is being issued in response to the Transportation Recall Enhancement, Accountability, and Documentation (TREAD) Act of 2000.

Effects:

 

None

Prompting action: Statute

Legal Deadline: 

Issue ANPRM : 12/01/2000
Issue Final Rule : 06/01/2002

Rulemaking Project Initiated: 11/01/2000

Dates for Final Rule:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

 

 

06/19/2002 

To OMB

 

 

08/23/2002 

OMB Clearance

 

11/22/2002 

 

Publication Date

06/01/2002 

11/29/2002 

 

Explanation for any delay:

Unanticipated issues requiring further analysis

Federal Register Citation for Final Rule: None



National Highway Traffic Safety Administration

104. 

Federal Motor Vehicle Safety Standards; Tire Pressure Monitoring Systems; Controls and Displays

Green

Popular Title: Tire Pressure Monitoring Systems (TPMS)

RIN 2127-AI33

Stage: Final Rule/2

Previous Stage: NPRM: Publication date 7/26/01; End of comment period 9/6/01. Final Rule/1: Publication Date 05/29/2002.

Summary: In response to TREAD, NHTSA has added a new requirement that tire pressure monitoring systems be installed in passenger cars, and in light trucks, multipurpose passenger vehicles, and buses. The rule is in two parts. During the period between November 1, 2003, and October 31, 2006, manufacturers may choose between two methods of compliance. The second part of this final rule will be issued by March 1, 2005, and will establish performance requirements for the period beginning on November 1, 2006. In the meantime, NHTSA will leave the rulemaking docket open for the submission of new data and analyses concerning the performance of TPMSs. NHTSA also will conduct a study comparing the tire pressures of vehicles without any TPMS to the pressures of vehicles with TPMSs.

Effects:

 

None

Prompting action: Statute

Legal Deadline: 

Issue final rule : 11/30/2001

Rulemaking Project Initiated: 11/01/2000

Dates for Final Rule/2:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

 

 

 

To OMB

 

 

 

OMB Clearance

 

 

 

Publication Date

03/01/2005 

 

 

Explanation for any delay:

N/A

Federal Register Citation for Final Rule/2: None



National Highway Traffic Safety Administration

105. 

Federal Motor Vehicle Safety Standards; Child Restraint Systems

Red

Popular Title: Child Restraint Systems

RIN 2127-AI34

Stage: Final Rule

Previous Stage: NPRM: Publication Date 07/02/2002; End of Comment Period 9/2/2002.

Summary: This rulemaking would make a number of revisions to the Federal safety standard for child restraint systems, including new dynamic side impact protection requirements, updated test dummy specifications and test procedures used to test child restraints, and extension of the standard so that it would apply to child restraints recommended for use by children up to 65 pounds. This action is intended to make child restraints even more effective in protecting children from the risk of death or serious injury in motor vehicle crashes. This rulemaking responds to the Transportation Recall Enhancement, Accountability and Documentation Act of 2000, which directed NHTSA to initiate a rulemaking proceeding by November 1, 2001, for the purpose of improving the safety of child restraints.

Effects:

 

None

Prompting action: Statute

Legal Deadline: 

Rulemaking to be initiated by : 11/01/2001
Final rule : 11/01/2002

Rulemaking Project Initiated: 11/01/2000

Dates for Final Rule:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

11/01/2002 

 

 

To OMB

12/01/2002 

 

 

OMB Clearance

03/01/2003 

 

 

Publication Approved

03/01/2003 

 

 

Publication Date

03/05/2003 

 

 

Explanation for any delay:

Awaiting development of additional data

Federal Register Citation for Final Rule: None



National Highway Traffic Safety Administration

106. 

Operation of Motor Vehicles by Intoxicated Persons

Green

Popular Title: Intoxicated Persons

RIN 2127-AI44

Stage: NPRM

Previous Stage:None

Summary: The Transportation Equity Act for the 21st Century (TEA-21) established a grant program under which states could qualify for incentive funds if they enacted and enforced a law that provides that any person with a blood alcohol concentration of .08 percent or greater while operating a motor vehicle in the state is deemed to have committed a per se offense of driving while intoxicated or an equivalent per se offense. NHTSA published a final rule implementing that incentive grant program. Section 351 of the Department of Transportation (DOT) Appropriations Act for Fiscal Year (FY) 2001 (PL 106-346) contains a new provision requiring the withholding of certain Federal aid highway funds from a state, beginning in fiscal year 2004, if the state has not enacted and is not enforcing such a law. The rulemaking would amend the regulation implementing the incentive grant program established in TEA-21 to reflect the new sanctions provisions established in the DOT appropriations act for FY 2001.

Effects:

 

None

Prompting action: Statute

Legal Deadline: 

None

Rulemaking Project Initiated: 12/09/2001

Dates for NPRM:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

 

 

09/10/2002 

To OMB

10/10/2002 

 

 

OMB Clearance

11/10/2002 

 

 

Publication Date

01/15/2003 

 

 

End of Comment Period

03/15/2003 

 

 

Explanation for any delay:

N/A

Federal Register Citation for NPRM: None



National Highway Traffic Safety Administration

107. 

Light Truck Average Fuel Economy Standard, Model Year 2005-10

Green

Popular Title: Light Truck Avg Fuel Economy Std 2005-10

RIN 2127-AI70

Stage: NPRM

Previous Stage: Request for Comments: Publication Date 02/07/2002; End of Comment Period 4/8/2002.

Summary: This request for comments asks questions about model years (MY) 2005-2010 light truck fuel economy standards. The agency is beginning to develop a proposal for light truck average fuel economy standards for model years after 2004, as required by statute. The purpose of this request for comments is to acquire information to assist the agency in developing the proposal for those years. NHTSA plans to cover some or all of model years 2005 to 2010 in the proposal. The agency is seeking information that will help it assess the extent to which manufacturers can improve light truck fuel economy during those years, the benefits and costs to consumers of fuel economy improvements, the benefits to the nation of reducing fuel consumption, and the number of model years that should be covered by the proposal. NHTSA is also seeking comments on possible modifications and/or reforms to the Corporate Average Fuel Economy program as it applies to both passenger cars and light trucks.

Effects:

 

Economically Significant
Major

Prompting action: Statute

Legal Deadline: 

Must issue standard 18 months before model year begins : 04/01/2003

Rulemaking Project Initiated: 12/06/2001

Dates for NPRM:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

09/15/2002 

 

 

To OMB

10/15/2002 

 

 

OMB Clearance

11/10/2002 

 

 

Publication Date

11/15/2002 

 

 

End of Comment Period

01/15/2003 

 

 

Explanation for any delay:

N/A

Federal Register Citation for NPRM: None



National Highway Traffic Safety Administration

108. 

Event Data Recorders

Green

Popular Title: Event Data Recorders

RIN 2127-AI72

Stage: Request for Comments

Previous Stage:None

Summary: Over the past several years, NHTSA has been actively involved with Event Data Recorders (EDRs) in motor vehicles. EDRs collect vehicle and occcupant-based crash information. The agency's involvement has included sponsoring two working groups, using data from EDRs in crash investigations, and conducting research and development. Particularly since one working group has completed its work and the other is nearing completion of its work, NHTSA is requesting comments on what future role the agency should take related to the continued development and installation of EDRs in motor vehicles.

Effects:

 

None

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 07/12/2002

Dates for Request for Comments:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

 

 

07/12/2002 

To OMB

 

 

08/23/2002 

OMB Clearance

09/06/2002 

 

10/04/2002 

Publication Approved

 

 

10/04/2002 

Publication Date

09/13/2002 

 

 

End of Comment Period

11/13/2002 

 

 

Explanation for any delay:

Additional coordination necessary

Federal Register Citation for Request for Comments: None



National Highway Traffic Safety Administration

109. 

Consumer Information Regulations; Federal Motor Vehicle Safety Standards; Rollover Resistance

Green

Popular Title: Rollover Resistance

RIN 2127-AI81

Stage: NPRM

Previous Stage: Request for Comments: Publication Date 07/03/2001; End of Comment Period 08/17/2001.

Summary: The Transportation Recall Enhancement, Accountability, and Documentation Act of 2000 requires NHTSA to develop a dynamic test on rollovers by motor vehicles for the purposes of a consumer information program, to carry out a program of conducting such tests, and, as these tests are being developed, to conduct a rulemaking to determine how best to disseminate test results to the public. In response, this rulemaking is using the results of NHTSA's evaluation of numerous driving maneuver tests for the dynamic rollover consumer information program that Congress mandated for the American public beginning in the 2003 model year. NHTSA also is considering several alternative methods for using the dynamic rollover test results in its consumer information for vehicle rollover resistance

Effects:

 

None

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 11/01/2000

Dates for NPRM:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

 

 

07/12/2002 

To OMB

 

 

08/27/2002 

OMB Clearance

 

 

09/26/2002 

Publication Date

10/02/2002 

 

 

End of Comment Period

11/18/2002 

 

 

Explanation for any delay:

N/A

Federal Register Citation for NPRM: None



National Highway Traffic Safety Administration

110. 

Federal Motor Vehicle Safety Standards; Child Restraint Systems

Red

Popular Title: Child Restraint Systems Side Impact

RIN 2127-AI83

Stage: Final Rule

Previous Stage: ANPRM: Publication Date 05/01/2002; End of Comment Period 07/01/2002.

Summary: The Transportation Recall Enhancement, Accountability and Documentation Act of 2000 directed NHTSA to initiate a rulemaking for the purpose of improving the safety of child restraints and specified various elements that must be considered in the rulemaking. NHTSA has two rulemaking proceedings that together address all but side and rear impact protection requirements for children in child restraint systems. NHTSA is addressing side impact protection in this rulemaking, starting with an ANPRM because there are uncertainties in too many areas to issue an NPRM. These areas include: (a) the determination of child injury mechanisms in side impacts, and crash characteristics associated with serious and fatal injuries to children in child restraints; (b) development of test procedures, a suitable test dummy and appropriate injury criteria; and (c) identification of cost-beneficial countermeasures. Uncertainties in these areas, together with the statutory schedule for this rulemaking, make it difficult for the agency to assess and make judgments concerning the benefits and costs of a rulemaking on side impact protection. Though the ANPRM, the agency expects to obtain additional information that will help it decide whether it is possible and appropriate to issue an NPRM in the near future and/or identify additional work that needs to be done. Also in response to the Act, the ANPRM requests comments on the appropriateness of proposing to incorporate a rear impact test procedure into Standard No. 213, for rear-facing child restraints systems. Note: This rulemaking used to be part of RIN 2127-AI34.

Effects:

 

None

Prompting action: Statute

Legal Deadline: 

Issue final decision on whether to include in final rule : 11/01/2002

Rulemaking Project Initiated: 11/01/2000

Dates for Final Rule:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

11/01/2002 

 

 

To OMB

12/01/2002 

 

 

OMB Clearance

03/01/2003 

 

 

Publication Date

03/06/2003 

 

 

Explanation for any delay:

Unanticipated issues requiring further analysis

Federal Register Citation for Final Rule: None



National Highway Traffic Safety Administration

111. 

FMVSS No. 208 Advanced Air Bag Petitions for Reconsideration (Part 1)

Green

Popular Title: Advanced Air Bag Petitions

RIN 2127-AI85

Stage: Final Rule

Previous Stage: Final Rule with Response to Petitions for Reconsideration: Publication Date 12/18/2001.

Summary: In May 2000, NHTSA issued a final rule amending the occupant crash protection standard to require future airbags to be designed so that they would create less of a safety risk and to provide advanced airbag technology. In December 2001, NHTSA responded to the first round of petitions for reconsideration. NHTSA received additional petitions for reconsideration, which will be addressed in a second response.

Effects:

 

None

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 12/18/2001

Dates for Final Rule:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

09/28/2002 

 

 

To OMB

11/01/2002 

 

 

OMB Clearance

01/03/2003 

 

 

Publication Date

03/10/2003 

 

 

Explanation for any delay:

N/A

Federal Register Citation for Final Rule: None



Office of the Secretary

Office of the Secretary

112. 

Direct Air Carrier Responsibility for Returning Stranded Charter Passengers

Green

Popular Title: Stranded charter passengers

RIN 2105-AA40

Stage: Withdrawal

Previous Stage: NPRM: publication date 7/11/80; End of comment period 9/25/80; End of reply comment period 10/10/80.

Summary: This proposed rule would have made direct air carriers responsible for returning charter passengers stranded by strikes or other interruptions of their services. Because this requirement was articulated later in a separate rulemaking, however, the NPRM is now moot and is being withdrawn.

Effects:

 

None

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 07/11/1980

Dates for Withdrawal :

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

09/30/2002 

 

08/20/2002 

Publication Approved

 

 

09/24/2002 

Publication Date

10/30/2002 

 

10/03/2002 

Explanation for any delay:

N/A

Federal Register Citation for Withdrawal : 67 FR 61996



Office of the Secretary

113. 

Enforcement Policy on Rebating

Black

Popular Title: Rebating

RIN 2105-AB39

Stage: Undetermined

Previous Stage: NPRM: Publication Date 10/21/1988; End of Comment Period 12/20/1988; Comment Period Extended: Publication Date 02/03/1989; End of Extended Comment Period 02/21/1989.

Summary: The Federal Aviation Act specifically prohibits rebating of international airline ticket prices. Nevertheless, since 1978, the Department has allowed rebating. This rulemaking would change the Department's regulations to more accurately reflect its current enforcement policy. The rule also would revoke an existing Policy Statement on the advertising of rebates that is contrary to the Department's enforcement policy.

Effects:

 

None

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 07/01/1988

Dates for Undetermined:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

 

 

 

To OMB

 

 

 

OMB Clearance

 

 

 

Publication Date

 

 

 

End of Comment Period

 

 

 

Explanation for any delay:

N/A

Federal Register Citation for Undetermined: None



Office of the Secretary

114. 

Price Advertising

Green

Popular Title: Price Advertising

RIN 2105-AB50

Stage: Withdrawal

Previous Stage: NPRM: Publication Date 07/26/1989; End of Comment Period 09/25/1989.

Summary: This rulemaking would amend DOT's rule and policy statement with respect to air transportation price advertising under 14 C.F.R. Parts 380 and 399. The rulemaking would allow advertisers to list separately those government-imposed charges that are levied on a per-passenger basis. It is being withdrawn because it is not necessary.

Effects:

 

None

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 04/12/1989

Dates for Withdrawal :

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

09/30/2002 

 

08/20/2002 

Publication Approved

 

 ÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝÝ

09/24/2002 

Publication Date

10/30/2002 

 

10/03/2002 

Explanation for any delay:

N/A

Federal Register Citation for Withdrawal : 67 FR 61996



Office of the Secretary

115. 

Procedures for Transportation Workplace Drug-Testing Programs

Black

Popular Title: Workplace Drug-Testing Programs

RIN 2105-AB71

Stage: Withdrawal

Previous Stage: NPRM: Publication Date 07/13/1990; End of Comment Period 08/13/1990.

Summary: This rulemaking concerned the question of to whom reports of negative drug test results may be sent. It was withdrawn after the Department issued an NPRM under RIN 2105-AC49, Update of Drug and Alcohol Procedural Rules.

Effects:

 

None

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 01/01/1990

Dates for Withdrawal :

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

09/30/2002 

 

08/20/2002 

Publication Approved

 

 

09/24/2002 

Publication Date

10/30/2002 

 

10/03/2002 

Explanation for any delay:

N/A

Federal Register Citation for Withdrawal : 67 FR 61996



Office of the Secretary

116. 

Accessibility of Passenger Vessels to Individuals with Disabilities

Black

Popular Title: Accessibility-passenger vessels

RIN 2105-AB87

Stage: NPRM

Previous Stage: None

Summary: The Department's Americans with Disabilities Act (ADA) final rule, published September 6, 1991, reserved portions of the rule concerning passenger vessels. The ADA covers passenger vessels, but issuing accessibility requirements for vessels involves complex issues unlike those affecting land transportation. This rulemaking would address these issues and propose feasible requirements to make passenger vessels accessible to, and usable by, individuals with disabilities. Timing of this rulemaking is dependent on action by the Access Board to adopt accessibility guidelines for passenger vessels.

Effects:

 

Regulatory Flexibility Act
Federalism

Prompting action: Statute

Legal Deadline: 

None

Rulemaking Project Initiated: 07/26/1990

Dates for NPRM:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

 

 

 

To OMB

 

 

 

OMB Clearance

 

 

 

Publication Date

 

 

 

Explanation for any delay:

N/A

Federal Register Citation for NPRM: None



Office of the Secretary

117. 

Transportation for Individuals with Disabilities (Accessibility Guidelines)

Green

Popular Title: Transportation for Individuals with Disabilities

RIN 2105-AC06

Stage: Withdrawal

Previous Stage: NPRM: Publication Date 6/20/1994; End of Comment Period 8/19/1994. Interim Final Rule: .

Summary: This action was intended to amend the rules implementing the Americans with Disabilities Act by adopting the revised accessibility guidelines issued by the Access Board (59 FR 31676) as interim final rules. The rule would also conform the Department's rules implementing section 504 of the Rehabilitation Act of 1973. It is being withdrawn as obsolete, since there is another, more recent, regulatory action that will update the guidelines.

Effects:

 

None

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 12/03/1994

Dates for Withdrawal :

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

09/30/2002 

 

08/20/2002 

Publication Approved

 

 

09/24/2002 

Publication Date

10/30/2002 

 

10/03/2002 

Explanation for any delay:

N/A

Federal Register Citation for Withdrawal : 67 FR 61996



Office of the Secretary

118. 

Domestic Passenger Manifest Information

Black

Popular Title: Domestic Passenger Manifest

RIN 2105-AC62

Stage: Undetermined

Previous Stage: ANPRM: Publication Date 03/13/1997; End of Comment Period 05/12/1997; Comment Period Reopened: Publication Date 05/30/1997; End of Comment Period 06/20/1997.

Summary: This rulemaking requested information concerning operational and cost issues related to U.S. air carriers collecting basic information (e.g., full name, date of birth and/or social security number, emergency contact and telephone number) from passengers traveling on flights within the United States. This rulemaking responds to difficulties with notification in the aftermath of domestic aviation crashes, would implement new requirements for family assistance, and would fulfill a recommendation contained in the final report of the White House Commission on Aviation Safety and Security that urges the Department to explore immediately the costs and effects of a comprehensive passenger manifest requirement on the domestic aviation system.

Effects:

 

Economically Significant
Major
Unfunded Mandate
Regulatory Flexibility Act

Prompting action: Statute

Legal Deadline: 

None

Rulemaking Project Initiated: 10/01/1996

Dates for Undetermined:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

 

 

 

To OMB

 

 

 

OMB Clearance

 

 

 

Publication Date

 

 

 

End of Comment Period

 

 

 

Explanation for any delay:

N/A

Federal Register Citation for Undetermined: None



Office of the Secretary

119. 

Computer Reservations System Regulations

Red

Popular Title: CRS

RIN 2105-AC65

Stage: NPRM

Previous Stage: ANPRM: Publication Date 9/10/97; End of Comment Period 11/10/97; Notice Extending Comment Period 10/30/97; Request for Reply Comments 11/07/97; End of Extended Comment Period 12/09/97; Notice Extending Reply Comment Period 1/23/98; End of Extended Reply Comment Period 2/3/98. SANPRM: Publication Date 7/24/00; End of Comment Period 9/22/00; End of Reply Comment Period 10/23/00.

Summary: This rulemaking will determine whether DOT should continue or modify its existing rules governing airline computer reservations systems (CRSs). Among other things, this rulemaking will address the impact of changes to the industry and consider whether to adopt rules governing the use of the Internet for airline distribution.

Effects:

 

Regulatory Flexibility Act

Prompting action: None

Legal Deadline: 

Regulatory Sunset Date : 03/31/2003

Rulemaking Project Initiated: 04/25/1997

Dates for NPRM:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

 

03/08/2002 

03/14/2002 

To OMB

 

05/01/2002 

04/29/2002 

OMB Clearance

 

06/03/2002 

10/02/2002 

Publication Date

04/30/2002 

06/07/2002 

 

Explanation for any delay:

Unanticipated impacts requiring further analysis

Federal Register Citation for NPRM: None



Office of the Secretary

120. 

Aviation Data Requirements Review and Modernization Program

Black

Popular Title: Aviation Data

RIN 2105-AC71

Stage: Undetermined

Previous Stage: ANPRM: Publication Date 07/15/1998; End of Comment Period 09/14/1998; End of Reply Comment Period 10/13/1998.

Summary: This rulemaking requested public comments from reporting carriers and aviation data users on the nature, scope, source, and means for collecting, processing, and distributing airline traffic, fare, and financial data. Specifically, it invited comments on whether existing airline traffic, fare, and financial data should be amended, supplemented, or replaced; whether selected forms and reports should be retained, modified, or eliminated; whether the Department should require all aviation data to be filed electronically; and how the aviation data system should be reengineered to enhance efficiency and to reduce costs for both the Department and the airline industry.

Effects:

 

Regulatory Flexibility Act

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 04/15/1998

Dates for Undetermined:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

 

 

 

To OMB

 

 

 

OMB Clearance

 

 

 

Publication Date

 

 

 

End of Comment Period

 

 

 

Explanation for any delay:

N/A

Federal Register Citation for Undetermined: None



Office of the Secretary

121. 

Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and other Non-Profit Organizations

Black

Popular Title: Uniform Administrative Requirements

RIN 2105-AC83

Stage: Undetermined

Previous Stage: Interim Final Rule: Publication Date 03/16/2000; End of Comment Period 05/15/2000.

Summary: This action implemented changes to OMB Circular A-110 that were issued by OMB on October 8, 1999, providing uniform guidance for administering grants to institutions of higher education, hospitals, and other nonprofit organizations. The change provides guidance on making data produced under awards available to the public. The regulation is essentially a word-for-word issuance of the requirements in OMB Circular A-110. An Interim Final Rule was issued because of the limited ability to change the requirements from those in the Circular. We are awaiting guidance from OMB as to what, if any, changes are needed in the government-wide common final rule.

Effects:

 

None

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 12/01/1999

Dates for Undetermined:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

 

 

 

To OMB

 

 

 

OMB Clearance

 

 

 

Publication Date

 

 

 

End of Comment Period

 

 

 

Explanation for any delay:

N/A

Federal Register Citation for Undetermined: None



Office of the Secretary

122. 

Response to Comments: Procedures for Compensation of Air Carriers

Black

Popular Title: Compensation of Air Carriers Procedures

RIN 2105-AD06

Stage: Final Rule/4

Previous Stage: Final Rule/1 with Request for Comments: Publication Date 10/29/2001; End of Comment Period 10/29/2001. Final Rule/2 with NPRM: Publication Date 01/02/2002; End of Comment Period 01/16/2002. Final Rule/3 with Request for Comments: Publication Date 04/16/2002.

Summary: On September 22, 2001, President Bush signed into law the Air Transportation Safety and System Stabilization Act ("the Act"). The Act makes available to the President funds to compensate air carriers, as defined in the Act, for direct losses suffered as a result of any Federal ground stop order and incremental losses beginning September 11, 2001, and ending December 31, 2001, resulting from the September 11 terrorist attacks on the United States. In order to fulfill Congress' intent to expeditiously provide compensation to eligible air carriers, the Department used procedures set out in Program Guidance Letters to make initial estimated payments amounting to about 50 percent of the authorized funds. On October 29, 2001, the Department published a final rule and request for comments establishing application procedures for air carriers interested in requesting compensation under this statute. This rulemaking amends the rule and otherwise responds to the comments the Department received. It also allows indirect air carriers and wet lessors to submit an application for compensation by February 8, 2002.

Effects:

 

Economically Significant
Major

Prompting action: Statute

Legal Deadline: 

None

Rulemaking Project Initiated: 09/22/2001

Dates for Final Rule/4:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

Publication Date

 

 

08/20/2002 

Explanation for any delay:

N/A

Federal Register Citation for Final Rule/4: 67 FR 54058



Office of the Secretary

123. 

Withdrawal of Proposed Rulemaking Actions; Nondiscrimination on the Basis of Age, Charter Transportation, Notice of Terms of Contract of Carriage Part 399--Statement of General Policy, Simplified Airline Counter Sign Notices, Rules of Practice in Board Proceedings--Fees and Charges for Special Services; and Statements of General Policy, Baggage Liability Notices in International Air Transportation, Price Advertising, Procedures for Transportation Workplace Drug Testing Programs, and Transportation for Individuals with Disabilities.

Green

Popular Title: Nondiscrimination on the Basis of Age

RIN 2105-AD16

Stage: Withdrawal

Previous Stage:None

Summary: This document withdraws the following rulemakings, proposed by the Office of the Secretary, that have been superseded by more recent rulemakings or other actions that make the proposed actions no longer necessary or appropriate: Nondiscrimination on the Basis of Age, Charter Transportation, Notice of Terms of Contract of Carriage Part 399--Statement of General Policy, Simplified Airline Counter Sign Notices, Rules of Practice in Board Proceedings--Fees and Charges for Special Services; and Statements of General Policy, Baggage Liability Notices in International Air Transportation, Price Advertising, Procedures for Transportation Workplace Drug Testing Programs, and Transportation for Individuals with Disabilities.

Effects:

 

None

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 06/20/2002

Dates for Withdrawal :

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

09/30/2002 

 

08/20/2002 

Publication Approved

 

 

09/24/2002 

Publication Date

10/30/2002 

 

10/03/2002 

Explanation for any delay:

N/A

Federal Register Citation for Withdrawal : 67 FR 61996



Research and Special Programs Administration

Research and Special Programs Administration

124. 

Consolidation of Specifications for High-Pressure Seamless Cylinders and Rewrite (Section 610 Review)

Green

Popular Title: High Pressure Cylinders

RIN 2137-AA92

Stage: Withdrawal

Previous Stage: NPRM: Publication Date 10/30/1998; End of Comment Period 05/28/98; Extension of Comment Period 05/28/99; End of Extended Comment Period 09/30/99.

Summary: This rulemaking would amend certain requirements in the Hazardous Materials Regulations (HMR) to establish four new cylinder specifications and to remove several obsolete specifications. It would also revise the requirements for approval of cylinder requalifiers, independent inspection agencies, and nondomestic chemical analysis and tests; revise the cylinder requalification, maintenance and repair requirements; and revise the requirements for hazardous materials that are authorized to be offered for transportation in cylinders. After receiving public comment, RSPA decided to withdraw this rulemaking. Issues such as approval for cylinder requalifiers, independent inspection agencies, and non-domestic chemical analyses and tests will be addressed in a final rule under RIN 2137-AD58. Cylinder manufacturing issues will be addressed in a separate rulemaking action.

Effects:

 

Regulatory Flexibility Act

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 04/23/1998

Dates for Withdrawal :

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

02/08/2002 

 

02/07/2002 

Publication Approved

02/08/2002 

 

02/08/2002 

Publication Date

02/12/2002 

 

02/13/2002 

Explanation for any delay:

N/A

Federal Register Citation for Withdrawal : 67 FR 6667



Research and Special Programs Administration

125. 

Safeguarding Food from Contamination During Transportation

Red

Popular Title: Sanitary Food

RIN 2137-AC00

Stage: Undetermined

Previous Stage: ANPRM: Publication Date 02/20/91; End of Comment Period 03/21/1991. NPRM: Publication Date 05/21/93; End of Comment Period 10/18/93.

Summary: This rulemaking will implement the Sanitary Food Transportation Act of 1990 requirement that DOT issue regulations to: (1) prohibit use of a tank, rail tank car, or cargo tank to transport food if such vehicle is also used to transport a nonfood product other than a nonfood product determined by the Secretary to be acceptable; (2) prohibit use of any other rail or motor vehicle to transport food, if such vehicle is also used to transport nonfood products determined by the Secretary to be unacceptable; and (3) require the use of dedicated vehicles to transport asbestos and extremely dangerous products. DOT submitted draft legislation to Congress in April of 1997 that would make the Food and Drug Administration (FDA) of HHS, rather than DOT, the lead agency on this topic. DOT would have retained highway and rail inspection responsibilities and notified FDA of apparent problems. This proposed legislation was part of DOT's NEXTEA II bill and was introduced as H.R. 1720 and S. 1234 in 1997.

Effects:

 

Economically Significant
Major
Unfunded Mandate
Federalism
EIS

Prompting action: Statute

Legal Deadline: 

Final rule due by : 08/01/1991

Rulemaking Project Initiated: 10/21/1990

Dates for Undetermined:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

 

 

 

To OMB

 

 

 

OMB Clearance

 

 

 

Publication Date

 

 

 

End of Comment Period

 

 

 

Explanation for any delay:

Other, higher priorities

Federal Register Citation for Undetermined: None



Research and Special Programs Administration

126. 

Response Plans for Onshore Oil Pipelines

Red

Popular Title: Oil Pipeline Response

RIN 2137-AC30

Stage: Final Rule

Previous Stage: Interim Final Rule: Publication Date 01/05/1993; End of Comment Period 02/19/1993; Notice of Public Meeting 06/15/1994; Notice of Public Hearing 1/21/1997.

Summary: This rulemaking would establish regulations requiring response plans for certain onshore oil pipelines. They are mandated by the Federal Water Pollution Control Act as amended by the Oil Pollution Act of 1990. The purpose of these requirements is to improve response capabilities and minimize the impact of onshore oil spills from pipelines.

Effects:

 

None

Prompting action: Statute

Legal Deadline: 

Final rule by : 08/18/1992

Rulemaking Project Initiated: 04/12/1992

Dates for Final Rule:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

05/07/2002 

 

 

To OMB

06/03/2002 

 

 

OMB Clearance

09/06/2002 

 

 

Publication Date

09/13/2002 

 

 

Explanation for any delay:

Other, higher priorities

Federal Register Citation for Final Rule: None



Research and Special Programs Administration

127. 

Applicability of the Hazardous Materials Regulations to Loading, Unloading, and Storage

Green

Popular Title: Applicability of HMR to Loading and Unloading

RIN 2137-AC68

Stage: Final Rule

Previous Stage: ANPRM: Publication Date 07/29/96; End of Comment Period 11/30/96. SANPRM: Publication Date 04/27/99; Extension of Comment Period 07/26/99; End of Comment Period 08/25/99. NPRM: Publication Date 08/28/2001; End of Extended Comment Period 02/01/2002.

Summary: This rulemaking would clarify the applicability of the Hazardous Materials Regulations (HMR) to specific functions and activities, including hazardous materials loading and unloading operations and storage of hazardous materials during transportation. RSPA intends to list in the HMR pre-transportation and transportation functions to which the HMR apply. Pre-transportation functions are functions performed to prepare hazardous materials for movement in commerce by persons who offer a hazardous material for transportation or cause a hazardous material to be transported. Transportation functions are functions performed as part of the actual movement of hazardous materials in commerce, including loading, unloading, and storage of hazardous materials that is incidental to their movement. RSPA also proposes to clarify that "transportation in commerce," for purposes of applicability of the HMR, begins when a carrier takes possession of a hazardous material and continues until the carrier delivers the package containing the hazardous material to its destination as indicated on shipping papers.

Effects:

 

Regulatory Flexibility Act
Federalism

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 01/05/1996

Dates for Final Rule:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

02/02/2003 

 

 

To OMB

02/28/2003 

 

 

OMB Clearance

05/28/2003 

 

 

Publication Date

06/15/2003 

 

 

Explanation for any delay:

N/A

Federal Register Citation for Final Rule: None



Research and Special Programs Administration

128. 

Pipeline Safety: Recommendations to Change Hazardous Liquid Pipeline Safety Standards

Red

Popular Title: Hazardous Liquids

RIN 2137-AD10

Stage: NPRM

Previous Stage:None

Summary: This rulemaking was initiated to address 30 recommendations made by the National Association of Pipeline Safety Representatives. Eighteen of those recommendations have already been addressed in other rulemakings. This rulemaking will take action on the remaining twelve recommendations. It will decline to adopt 7 recommendations as unsupported and will propose changes consistent with 5 recommendations. The changes will modify existing regulations to clarify language and assure conformance with current practice. On 8/27/02, the General Counsel reclassified this rulemaking from significant to nonsignificant. This change will be reflected in the next semi-annual regulatory agenda.

Effects:

 

None

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 04/27/1998

Dates for NPRM:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

 

07/05/2002 

06/26/2002 

Returned to Mode

 

 

07/01/2002 

Resubmitted to OST

 

08/09/2002 

08/13/2002 

Publication Approved

 

08/30/2002 

08/28/2002 

Publication Date

01/31/2002 

09/03/2002 

09/06/2002 

Explanation for any delay:

Lack of Staffing

Federal Register Citation for NPRM: 67 FR 56970



Research and Special Programs Administration

129. 

Hazardous Materials: Revisions to Standards for Infectious Substances

Green

Popular Title: Infectious Substances

RIN 2137-AD13

Stage: Final Rule

Previous Stage: ANPRM: Publication Date 09/02/98; End of Comment Period 12/01/98. NPRM: Publication Date 01/22/01; End of Comment Period 04/23/01.

Summary: This rulemaking would provide for the transport of infectious medical waste in bulk packages, remove the blanket exception for transporting biological products and diagnostic specimens and revise the definition, hazardous communication, and packaging requirements for other infectious substances to make them consistent with international transportation requirements.

Effects:

 

Regulatory Flexibility Act
Federalism
EIS

Prompting action: International Agreement

Legal Deadline: 

None

Rulemaking Project Initiated: 05/17/1997

Dates for Final Rule:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

03/18/2002 

 

02/05/2002 

To OMB

04/15/2002 

05/06/2002 

04/30/2002 

OMB Clearance

07/16/2002 

 

07/29/2002 

Publication Date

07/20/2002 

 

09/11/2002 

Explanation for any delay:

N/A

Federal Register Citation for Final Rule: 67 FR 57635



Research and Special Programs Administration

130. 

Hazardous Materials: Transportation of Oxygen Cylinders on Aircraft

Black

Popular Title: Oxygen Cylinders

RIN 2137-AD33

Stage: Undetermined

Previous Stage:None

Summary: This rulemaking would require oxygen cylinders to be placed in an outer container that meets certain thermal and heat protection requirements when transported in cargo compartments on aircraft. A separate rulemaking addressing the use of passenger owned cylinders of oxygen during a flight is under RIN 2105-AC29. This rulemaking is closely related to an FAA determination in 2120-AG35 (Prohibition of the Transportation of Devices Designed as Chemical Generators as Cargo in Aircraft).

Effects:

 

None

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 03/01/2000

Dates for Undetermined:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

 

 

 

To OMB

 

 

 

OMB Clearance

 

 

 

Publication Date

 

 

 

End of Comment Period

 

 

 

Explanation for any delay:

N/A

Federal Register Citation for Undetermined: None



Research and Special Programs Administration

131. 

External Product Piping on Cargo Tanks Transporting Flammable Liquids

Red

Popular Title: Wetlines Rule

RIN 2137-AD36

Stage: ANPRM

Previous Stage: NPRM: .

Summary: This rulemaking would reduce the risks associated with the retention of flammable liquids in unprotected product piping on cargo tank motor vehicles during transportation (wetlines). It responds to an NTSB recommendation.

Effects:

 

Economically Significant
Major
Unfunded Mandate
Regulatory Flexibility Act
EIS

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 01/19/2000

Dates for ANPRM:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

11/01/2002 

 

 

To OMB

12/01/2002 

 

 

OMB Clearance

01/01/2003 

 

 

Publication Date

02/01/2003 

 

 

End of Comment Period

04/01/2003 

 

 

Explanation for any delay:

Unanticipated issues requiring further analysis

Federal Register Citation for ANPRM: None



Research and Special Programs Administration

132. 

Hazardous Materials: Reduction of Registration Fees

Green

Popular Title: Hazmat Registration Fees

RIN 2137-AD53

Stage: Final Rule

Previous Stage: NPRM: Publication Date 12/07/00; End of Comment Period 02/02/01.

Summary: This rulemaking would reduce the hazmat registration fee for all persons who transport or offer for transportation certain categories and quantities of hazmat, replaces the reference to the standard industrial classification (SIC) with the North American Industry Classification System (NAICS), and clarify the registration fee for not-for-profit organizations. This rulemaking appears in the agenda as a nonsignificant rule. Because of the overwhelming public interest in this rulemaking, RSPA is upgrading the rule to significant.

Effects:

 

None

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 05/06/1999

Dates for Final Rule:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

09/26/2002 

 

09/26/2002 

To OMB

10/31/2002 

 

 

OMB Clearance

01/30/2003 

 

 

Publication Date

02/05/2003 

 

 

Explanation for any delay:

N/A

Federal Register Citation for Final Rule: None



Research and Special Programs Administration

133. 

Pipeline Safety: Pipeline Integrity Management in High Consequence Areas (Gas Transmission Pipeline Operators)

Green

Popular Title: PIM - Gas Pipelines

RIN 2137-AD54

Stage: NPRM

Previous Stage:None

Summary: This rulemaking would address gas transmission lines in high consequence areas, direct assessment, and an overall integrity management program.

Effects:

 

Economically Significant
Major
Unfunded Mandate

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 05/19/2001

Dates for NPRM:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

09/30/2002 

 

07/15/2002 

Returned to Mode

 

 

07/19/2002 

Resubmitted to OST

 

 

08/14/2002 

To OMB

10/31/2002 

 

08/29/2002 

OMB Clearance

01/31/2003 

 

 

Publication Date

02/03/2003 

 

 

Explanation for any delay:

N/A

Federal Register Citation for NPRM: None

 

 

 

Transportation Security Administration

Transportation Security Administration

134. 

Imposition and Collection of Passenger Civil Aviation Security Service Fees

Green

Popular Title: Security Service Fees

RIN 2110-AA01

Stage: Disposition of Comments

Previous Stage: Interim Final Rule: Publication Date 12/31/2001; Notice: Publication Date 02/19/2002; Interim Final Rule: End of Comment Period 03/01/2002; Reopening of Comment Period 03/28/2002; End of Reopened Comment Period 04/30/2002.

Summary: This rulemaking imposed a $2.50 security service fee on airline passengers for tickets sold starting in February 2002 as required by the Aviation and Transportation Security Act (ATSA). This rule implements the specific requirements for collection and remittance.

Effects:

 

None

Prompting action: Statute

Legal Deadline: 

49 USC 44940(d)(1): Publish a notice of such a fee in the Federal Register and begin collection of the fee within 60 days of the date of enactment (11/19/2001), or as soon as possible thereafter, of the Aviation and Transportation Security Act (ATSA). : 01/19/2002

Rulemaking Project Initiated: 11/27/2001

Dates for Disposition of Comments:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

03/31/2003 

 

 

Publication Approved

05/01/2003 

 

 

Publication Date

05/08/2003 

 

 

Explanation for any delay:

N/A

Federal Register Citation for Disposition of Comments: None



Transportation Security Administration

135. 

Aviation Security Infrastructure Fees

Green

Popular Title: Aviation Security Infrastructure Fees

RIN 2110-AA02

Stage: Disposition of Comments

Previous Stage: Interim Final Rule: Publication Date 02/20/2002; Correction 02/25/2002; Notice: Publication Date 02/28/2002; Interim Final Rule: End of Comment Period 03/18/2002; Extension of Comment Period 03/20/2002; End of Comment Period Extension 04/02/2002; Notice: Publication Date 05/01/2002.

Summary: This rulemaking would provide additional guidance for completing Appendix A of the Interim Final Rule regarding the Aviation Security Infrastructure Fee. That rule requires carriers to provide information on their costs related to passenger and property screening for 2000. This guidance would not impose any additional requirements.

Effects:

 

None

Prompting action: Statute

Legal Deadline: 

49 USC 44940(d)(1): Publish a notice of such a fee in the Federal Register and begin collection of the fee within 60 days of the date of enactment (11/19/2001), or as soon as possible thereafter, of the Aviation and Transportation Security Act (ATSA). : 01/19/2002

Rulemaking Project Initiated: 12/30/2001

Dates for Disposition of Comments:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

03/31/2003 

 

 

Publication Approved

05/01/2003 

 

 

Publication Date

05/08/2003 

 

 

Explanation for any delay:

N/A

Federal Register Citation for Disposition of Comments: None



Transportation Security Administration

136. 

Civil Aviation Security Rules

Green

Popular Title: Transfer of functions from FAA to TSA

RIN 2110-AA03

Stage: Disposition of Comments

Previous Stage: Final Rule: Publication Date 02/22/2002; End of Comment Period 03/25/2002.

Summary: This rulemaking transfers the FAA's rules governing civil aviation security to TSA. This rulemaking also amends those rules to enhance security as required by recent legislation. This rulemaking also requires additional qualifications, training, and testing of individuals who screen persons and property that are carried in passenger aircraft. It is intended to improve the quality of screening conducted by aircraft operators and foreign air carriers. This rule is being adopted to improve the qualifications of individuals performing screening, and thereby to improve the level of security in air transportation. This will help ensure a smooth transition of aviation security from the FAA to TSA and avoid disruptions in air transportation due to any shortage of qualified screeners.

Effects:

 

None

Prompting action: Statute

Legal Deadline: 

Final Rule by : 02/17/2002

Rulemaking Project Initiated: 12/01/2001

Dates for Disposition of Comments:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

12/31/2002 

 

 

Publication Approved

02/01/2003 

 

 

Publication Date

02/08/2003 

 

 

Explanation for any delay:

N/A

Federal Register Citation for Disposition of Comments: None



Transportation Security Administration

137. 

Security Programs for Aircraft with a Maximum Certificated Takeoff Weight of 12,500 Pounds or More

Green

Popular Title: 12,500 Pounds or More

RIN 2110-AA04

Stage: Disposition of Comments

Previous Stage: Final Rule: Publication Date 02/22/2002; End of Comment Period 04/23/2002.

Summary: This rule requires that certain aircraft operators using aircraft with a maximum certificated takeoff weigh of 12,500 pounds or more carry out security measures. This rule requires that certain aircraft operators conduct criminal history records checks on their flightcrew members and restrict access to the flight deck. These measures are necessary to comply with Congressional mandates and to enhance security in air transportation.

Effects:

 

None

Prompting action: Statute

Legal Deadline: 

Final Rule by : 02/17/2002

Rulemaking Project Initiated: 01/15/2002

Dates for Disposition of Comments:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

11/29/2002 

 

 

Publication Approved

12/30/2002 

 

 

Publication Date

01/08/2003 

 

 

Explanation for any delay:

N/A

Federal Register Citation for Disposition of Comments: None



Transportation Security Administration

138. 

Request for Comments: Private Charter Security Rules

Green

Popular Title: Private Charter Security

RIN 2110-AA05

Stage: Disposition of Comments

Previous Stage: Final Rule: Publication Approved 06/10/2002; Publication Date 06/19/2002; End of Comment Period 7/19/2002.

Summary: This rule amends the rules applying to private charter aircraft to increase the level of security required in private charter operations. Aircraft operators using aircraft with a maximum certificated takeoff weight of 95,000 pounds or more, except a government charter, will now be required to ensure that passengers and their accessible property are screened before boarding. Given the current security risks, the potential for damage these larger aircraft can cause, and the need to protect areas that are designated as sterile, TSA believes it is now appropriate to require these operators to ensure that passengers and their accessible property are screened. Individuals are required to submit to screening prior to boarding a private charter aircraft under this rule.

Effects:

 

None

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 02/22/2002

Dates for Disposition of Comments:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

11/29/2002 

 

 

Publication Approved

12/31/2002 

 

 

Publication Date

01/08/2003 

 

 

Explanation for any delay:

N/A

Federal Register Citation for Disposition of Comments: None



Transportation Security Administration

139. 

Fingerprint-Based Criminal History Records Checks: Regular Escorted Access

Yellow

Popular Title: Criminal History/Escorted Access

RIN 2110-AA08

Stage: NPRM

Previous Stage:None

Summary: This rulemaking would amend the rules applying to airports and aircraft operators that require fingerprint-based criminal history records checks (CHRC) for certain individuals with access to secured areas in airports. It would require individuals who regularly have escorted access to secured areas to undergo CHRC and to wear an individual badge. Also, it would amend the standards for "escorting" to reduce the likelihood that persons under escort in secured areas could threaten or endanger security. It would respond to a statutory mandate and it would enhance aviation security.

Effects:

 

None

Prompting action: Statute

Legal Deadline: 

None

Rulemaking Project Initiated: 06/24/2002

Dates for NPRM:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

07/09/2002 

 

07/09/2002 

To OMB

08/09/2002 

 

 

OMB Clearance

11/12/2002 

 

 

Publication Date

11/19/2002 

 

 

End of Comment Period

01/20/2003 

 

 

Explanation for any delay:

N/A

Federal Register Citation for NPRM: None



Transportation Security Administration

140. 

Protection of Sensitive Security Information for All Modes of Transportation

Green

Popular Title: Information Protection for All Modes

RIN 2110-AA10

Stage: NPRM

Previous Stage:None

Summary: This rulemaking would amend the regulation governing the protection of sensitive security information (SSI) to expand the regulation's coverage to security information related to non-aviation modes of transportation. The current regulation covers information primarily related to aviation security. This rulemaking would make several revisions to the regulation. In addition, in order to implement its new statutory authority to protect sensitive security information in all modes of transportation, TSA will amend the SSI regulation to specifically cover information in all modes regulated by the Department of Transportation and relevant entities in those modes that may create and receive SSI.

Effects:

 

None

Prompting action: Secretarial/Head of Operating Administration Decision

Legal Deadline: 

None

Rulemaking Project Initiated: 03/13/2002

Dates for NPRM:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

12/31/2002 

 

 

To OMB

01/31/2003 

 

 

OMB Clearance

04/30/2003 

 

 

Publication Date

05/08/2003 

 

 

Explanation for any delay:

N/A

Federal Register Citation for NPRM: None



U.S. Coast Guard

U.S. Coast Guard

141. 

Discharge-Removal Equipment for Vessels Carrying Oil

Green

Popular Title: Spill Equipment Requirements

RIN 2115-AD66

Stage: Final Rule

Previous Stage: ANPRM : Publication Date 8/30/91; End of Comment Period 10/19/91. NPRM: Publication Date 9/29/92; Extended Comment Period 10/26/92; End of Comment Period 11/16/92. Interim Final Rule: Publication Date 12/22/1993; Correction 1/26/94; End of Comment Period 2/22/94.

Summary: This OPA 90 rulemaking would require vessels carrying oil in bulk as cargo to carry discharge removal equipment, install spill prevention coamings, and install emergency towing arrangements. This rule also would require vessels to have a prearranged capability to calculate damage stability in the event of a casualty.

Effects:

 

None

Prompting action: Statute

Legal Deadline: 

None

Rulemaking Project Initiated: 10/27/1990

Dates for Final Rule:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

03/31/2003 

 

 

To OMB

05/06/2003 

 

 

OMB Clearance

08/05/2003 

 

 

Publication Date

05/30/2003 

 

 

End of Comment Period

08/30/2003 

 

 

Explanation for any delay:

N/A

Federal Register Citation for Final Rule: None



U.S. Coast Guard

142. 

Escort Vessels for Certain Oil Tankers

Green

Popular Title: Tanker Escort

RIN 2115-AE10

Stage: SNPRM

Previous Stage: NPRM: Publication Date 7/7/92; End of Comment Period 9/8/92; Comment Period Reopened 3/26/93; Notice of Public Hearings 4/29/93; Correction 5/19/93; End of 2nd Comment Period 6/24/93; Notice of availability of Part 1 of study 1/10/94. Final Rule: Request for Comments 8/19/94; Partial suspension crash stop criteria 11/1/94; Partial suspension effective date 11/17/94; End of comment period 1/30/95; Notice of availability of Part 2 study 2/1/95.

Summary: This rulemaking requires escort vessels for certain oil tankers transmitting Prince William Sound, Alaska, and Puget Sound, Washington. It is mandated by the Oil Pollution Act of 1990 (OPA 90). The regulations will reduce the chances of a tanker running aground or colliding as a result of loss of propulsion or steering control, thereby potentially reducing the risk of an oil spill. On November 1, 1994, the crash-stop provision in 33 CFR 168.50(g)(2) was suspended and comments requested. USCG now intends to publish an SNPRM to remove that provision.

Effects:

 

None

Prompting action: Statute

Legal Deadline: 

None

Rulemaking Project Initiated: 09/19/1991

Dates for SNPRM:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

01/15/2003 

 

 

To OMB

02/18/2003 

 

 

OMB Clearance

05/19/2003 

 

 

Publication Date

06/02/2003 

 

 

End of Comment Period

09/02/2003 

 

 

Explanation for any delay:

N/A

Federal Register Citation for SNPRM: None



U.S. Coast Guard

143. 

Escort Vessels in Certain U.S. Waters

Red

Popular Title: Escorts in U.S. Waters

RIN 2115-AE56

Stage: Withdrawal

Previous Stage: ANPRM: Publication Date 4/27/93; End of Comment Period 6/28/93; Request for Comments 12/21/94; End of Comment Period 2/13/95.

Summary: This rulemaking sought comment on where an escort should be required for vessels navigating in the waters of the United States (excluding Prince William Sound and Puget Sound) and which vessels should be required to comply with an escort rule. This rule would have addressed carriage of oil and hazardous substances (including PWS and PS).

Effects:

 

None

Prompting action: Secretarial/Head of Operating Administration Decision

Legal Deadline: 

None

Rulemaking Project Initiated: 07/28/1995

Dates for Withdrawal :

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

04/15/2002 

 

 

Publication Approved

04/29/2002 

 

 

Publication Date

05/08/2002 

 

 

Explanation for any delay:

Other, higher priorities

Federal Register Citation for Withdrawal : None



U.S. Coast Guard

144. 

Marine Transportation - Related Facility Response Plans, and Response Equipment for Hazardous Substances

Green

Popular Title: Haz Mat Fac. Response Plans

RIN 2115-AE87

Stage: Interim Final Rule

Previous Stage: ANPRM: Publication Date 5/3/96; End of Comment Period 9/3/96. NPRM: Publication Date 3/31/2000; End of Comment Period 6/21/00; End of Extended Comment Period 8/30/99.

Summary: This rulemaking would require response plans for any marine transportation-related (MTR) facility that, because of its location, could reasonably be expected to cause substantial or significant and substantial harm to the environment by discharging a hazardous substance. These regulations are mandated by the Oil Pollution Act of 1990 (OPA90), which requires the President to issue regulations requiring the preparation of hazardous substance response plans. NOTE: Related RIN 2115-AE88 (Vessel Response Plans).

Effects:

 

None

Prompting action: Statute

Legal Deadline: 

None

Rulemaking Project Initiated: 10/27/1990

Dates for Interim Final Rule:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

10/01/2003 

 

 

To OMB

10/30/2003 

 

 

OMB Clearance

01/30/2004 

 

 

Publication Date

02/12/2004 

 

 

End of Comment Period

05/12/2004 

 

 

Explanation for any delay:

N/A

Federal Register Citation for Interim Final Rule: None



U.S. Coast Guard

145. 

Tank Vessel Response Plans for Hazardous Substances

Red

Popular Title: HazMat Vessel Response Plans

RIN 2115-AE88

Stage: Interim Final Rule

Previous Stage: ANPRM: Publication Date 5/3/1996; End of Comment Period 9/3/1996. NPRM: Publication Date 03/22/1999; Comment Period Extended 6/15/1999; End of Comment Period 6/21/1999; End of Extended Comment Period 8/30/1999.

Summary: This rulemaking would require response plans for: (1) certain tank vessels operating on navigable waters of the United States or (2) any marine transportation-related (MTR) facility that, because of its location, could reasonably be expected to cause substantial or significant and substantial harm to the environment by discharging a hazardous substance. These regulations are mandated by the Oil Pollution Act of 1990 (OPA90), which requires the President to issue regulations requiring the preparation of hazardous substance response plans. NOTE: The ANPRM for this rule included the related RIN 2115-AE87 (Facility Response Plans).

Effects:

 

None

Prompting action: Statute

Legal Deadline: 

None

Rulemaking Project Initiated: 08/18/1990

Dates for Interim Final Rule:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

 

04/01/2003 

 

To OMB

 

05/06/2003 

 

OMB Clearance

 

08/06/2003 

 

Publication Date

10/31/2002 

08/20/2003 

 

Explanation for any delay:

Other, higher priorities

Federal Register Citation for Interim Final Rule: None



U.S. Coast Guard

146. 

Implementation of the 1995 Amendments to the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 (STCW)

Green

Popular Title: '95 Amends to Internat'l Conv on STCW

RIN 2115-AF26

Stage: Final Rule

Previous Stage: Notice of Meeting and Comment Period: Publication Date 8/2/95; End of Comment Period 9/29/95. Notice of Inquiry: Publication Date 11/13/95; End of Comment Period 1/12/96. NPRM: Publication Date 3/26/96; Notice of Public Meetings 4/8/96; End of Comment Period 7/24/96; Notice of Intent 2/4/97. Interim Rule: Publication Date 6/26/97; End of Comment Period 12/23/97; Correction 7/25/97; Correction 7/28/97.

Summary: This rulemaking amended the current domestic rules on licensing and documentation of personnel serving on U.S. seagoing vessels. The Interim Rule implements the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 (STCW), as amended in 1995. The Final Rule awaits evaluation of the Interim Rule, and STCW becoming fully effective. STCW becomes fully effective for all such personnel in August 2002, and we would like to gain experience under it before we compose a Final Rule.

Effects:

 

None

Prompting action: International Agreement

Legal Deadline: 

None

Rulemaking Project Initiated: 08/01/1995

Dates for Final Rule:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

04/30/2003 

 

 

To OMB

05/28/2003 

 

 

OMB Clearance

08/27/2003 

 

 

Publication Date

09/10/2003 

 

 

Explanation for any delay:

N/A

Federal Register Citation for Final Rule: None



U.S. Coast Guard

147. 

Salvage and Marine Firefighting Requirements; Vessel Response Plans for Oil

Green

Popular Title: Salvage and Equipment

RIN 2115-AF60

Stage: Final Rule

Previous Stage: Final Rule: Partial Suspension 2/12/98; Partial Suspension 1/17/01. NPRM: Publication Approved 04/26/2002; Publication Date 05/10/2002; End of Comment Period 8/8/2002.

Summary: The Coast Guard suspended the effective dates of portions of the vessel oil spill response plan final rule (61 FR 1052; 1/12/96, 2115-AD81) because of confusion and widespread misunderstanding regarding the regulatory language. This action will better define the terms "salvage expertise and equipment" and "vessel firefighting capability" requirements. It will also reconsider the 24-hour deployment requirements of the final rule.

Effects:

 

Economically Significant
Major
Unfunded Mandate
Regulatory Flexibility Act

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 01/01/1997

Dates for Final Rule:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

03/31/2003 

 

 

To OMB

04/30/2003 

 

 

OMB Clearance

07/30/2003 

 

 

Publication Date

08/15/2003 

 

 

Explanation for any delay:

N/A

Federal Register Citation for Final Rule: None



U.S. Coast Guard

148. 

Emergency Response Plans for Passenger Vessels

Green

Popular Title: ERP for Passenger Vessels

RIN 2115-AF61

Stage: Withdrawal

Previous Stage: ANPRM: Publication Date 2/26/98; End of Comment Period 6/28/98.

Summary: This rulemaking would have required passenger vessel owners and operators operating small passenger vessels and passenger vessels in domestic service to develop, maintain, and implement plans for responding to collisions, groundings, fires, and other emergencies on passenger vessels. The plans would have addressed issues such as passenger egress, crew training, and emergency resources on vessels and in a vessel's operating area. The ANPRM was withdrawn but its proposals will become part of the new security rulemakings applicable to all vessels that will respond to issues raised by the 9/11/01 terrorist attacks.

Effects:

 

None

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 01/30/1998

Dates for Withdrawal :

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

09/27/2002 

03/27/2002 

03/27/2002 

Returned to Mode

 

 

04/11/2002 

Resubmitted to OST

 

 

04/16/2002 

Returned to Mode/2

 

 

04/26/2002 

Resubmitted to OST/2

 

 

05/28/2002 

Returned to Mode/3

 

 

05/31/2002 

Resubmitted to OST/3

 

 

08/02/2002 

Publication Date

10/29/2002 

04/15/2002 

08/26/2002 

Explanation for any delay:

N/A

Federal Register Citation for Withdrawal : 67 FR 54759



U.S. Coast Guard

149. 

Improvements to Marine Safety in Puget Sound-Area Waters

Red

Popular Title: Puget Sound

RIN 2115-AF68

Stage: Withdrawal

Previous Stage: ANPRM: Publication Date 12/24/1998. End of Comment Period 5/24/99; Notice of Meeting 5/8/99.

Summary: This rulemaking would consider potential safety measures that the Coast Guard could take to improve marine safety in Puget Sound-area waters. The potential measures include extended tug escort requirements for certain vessels and a dedicated pre-positioned rescue vessel. This project is being treated as a long term action so that Coast Guard can focus on the new security rules.

Effects:

 

Federalism
Tribal

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 01/30/1998

Dates for Withdrawal :

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

06/03/2002 

 

 

Publication Approved

10/10/2003 

 

 

Publication Date

10/17/2003 

 

 

Explanation for any delay:

Other, higher priorities

Federal Register Citation for Withdrawal : None



U.S. Coast Guard

150. 

Lease Financing for Vessels Engaged in the Coastwise Trade

Green

Popular Title: Lease Financing for Vessels

RIN 2115-AG08

Stage: Final Rule

Previous Stage: NPRM: Publication Date 5/2/01; End of Comment Period 7/2/01; Comment Period Extended 5/29/01; End of Extended Comment Period 9/4/01; Comment Period Reopened 12/14/01; End of Reopened Comment Period 1/28/02. SNPRM: Publication Date 08/09/2002; End of Comment Period 10/08/2002.

Summary: This rulemaking would amend the regulations on the documentation of vessels engaged in the coastwise trade. This rule would address statutory amendments eliminating certain barriers to seeking financing by lease for U.S. flag vessels.

Effects:

 

None

Prompting action: None

Legal Deadline: 

None

Rulemaking Project Initiated: 11/20/2000

Dates for Final Rule:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

03/06/2003 

 

 

To OMB

04/06/2003 

 

 

OMB Clearance

07/06/2003 

 

 

Publication Date

07/20/2003 

 

 

Explanation for any delay:

N/A

Federal Register Citation for Final Rule: None



U.S. Coast Guard

151. 

Tank Level or Pressure Monitoring Devices

Green

Popular Title: Tank Level Pressure Monitoring

RIN 2115-AG10

Stage: Final Rule

Previous Stage: NPRM: Publication Date 10/1/01; End of Comment Period 11/30/01.

Summary: The USCG is establishing a performance standard and use requirement for tank level /pressure monitoring devices that signal when a vessel is leaking oil that might otherwise go undiscovered. The Coast Guard is reopening this project per writ of mandamus by the D.C. Circuit Court directing the Coast Guard to implement provisions of the Oil Pollution Act of 1990. It was previously RIN 2115-AD69.

Effects:

 

Economically Significant
Major
Unfunded Mandate

Prompting action: Statute

Legal Deadline: 

Issue Final Rule : 08/18/1991

Rulemaking Project Initiated: 08/18/1990

Dates for Final Rule:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

04/30/2002 

 

04/12/2002 

To OMB

05/29/2002 

 

06/13/2002 

OMB Clearance

08/28/2002 

 

09/06/2002 

Publication Date

09/11/2002 

 

09/17/2002 

Explanation for any delay:

N/A

Federal Register Citation for Final Rule: 67 FR 58515



U.S. Coast Guard

152. 

Standards for Living Organisms in Ship's Ballast Water Discharged in U.S. Waters

Green

Popular Title: Ballast Water Treatment

RIN 2115-AG21

Stage: NPRM

Previous Stage: ANPRM: Publication Date 3/4/02; End of Comment Period 6/3/02.

Summary: Congress, in the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (NANPCA), as amended by the National Invasive Species Act of 1996 (NISA), directed the Coast Guard to issue regulations and guidelines for ballast water management. This rulemaking would define a ballast water treatment goal and an interim performance standard for all ballast water methods being considered for use as an alternative to mid-ocean ballast water exchange. It is one of several Coast Guard efforts related to the overall regulation of ballast water management.

Effects:

 

None

Prompting action: Statute

Legal Deadline: 

None

Rulemaking Project Initiated: 11/21/2000

Dates for NPRM:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

07/18/2004 

12/30/2003 

 

To OMB

08/16/2004 

02/05/2004 

 

OMB Clearance

11/16/2004 

05/06/2004 

 

Publication Date

12/05/2004 

05/20/2004 

 

End of Comment Period

03/18/2005 

08/20/2004 

 

Explanation for any delay:

N/A

Federal Register Citation for NPRM: None



U.S. Coast Guard

153. 

Automatic Identification System Carriage Requirement

Yellow

Popular Title: ID System Carriage

RIN 2115-AG36

Stage: NPRM

Previous Stage: None

Summary: This rulemaking will implement an Automatic Identification System (AIS) carriage requirement pursuant to The International Convention for Safety of Life at Sea (SOLAS). It will cover SOLAS vessels and non-SOLAS vessels operating on designated waters (i.e., Vessel Traffic Service (VTS) areas, coastal zones, inland waterways and other major waterways). AIS automatically exchanges navigational and positional information in ship-to-ship and ship-to shore-to ship modes. Safety of Life at Sea (SOLAS) is a treaty, to which the U.S. is a signatory.

Effects:

 

None

Prompting action: International Agreement

Legal Deadline: 

None

Rulemaking Project Initiated: 02/28/2002

Dates for NPRM:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

07/01/2002 

09/20/2002 

09/18/2002 

To OMB

07/22/2002 

10/29/2002 

 

OMB Clearance

10/22/2002 

01/29/2003 

 

Publication Date

10/27/2002 

02/05/2003 

 

End of Comment Period

01/27/2003 

04/07/2003 

 

Explanation for any delay:

N/A

Federal Register Citation for NPRM: None



U.S. Coast Guard

154. 

Penalties for Non-Submission of Ballast Water Management Reports

Green

Popular Title: Ballast Water Penalties

RIN 2115-AG50

Stage: NPRM

Previous Stage:None

Summary: This rulemaking would establish penalties (as enunciated in NISA) for failure to submit Ballast Water Management Reports, required under 33 CFR 151, Subpart D. It would also broaden the class of vessels needing to submit reports, in order to gain better understanding of how Ballast Water Management is working at preventing the spread of aquatic invasive species.

Effects:

 

None

Prompting action: Statute

Legal Deadline: 

None

Rulemaking Project Initiated: 06/01/2002

Dates for NPRM:

Milestone

Originally
Scheduled
Date

New
Projected
Date

Actual
Date

To OST

10/30/2002 

 

10/07/2002 

To OMB

11/28/2002 

 

 

OMB Clearance

02/28/2003 

 

 

Publication Date

03/13/2003 

 

 

Explanation for any delay:

N/A

Federal Register Citation for NPRM: None