Report on DOT Significant Rulemakings

Previous Stage: NPRM: Publication Date 05/17/1988; End of Comment Period 10/14/1988; Reopening of Comment Period 10/30/1998; End of Reopened Comment Period 01/09/1999. SNPRM: Publication Date 10/04/2002; End of Comment Period 12/03/2002; Extension of Comment Period 12/03/2002; End of Extended Comment Period 03/03/2003.

Abstract: 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 Final Rule:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST	06/25/2004
To OMB	07/26/2004
OMB Clearance	10/26/2004
Publication Date	11/09/2004

Explanation for any delay:

N/A

Federal Register Citation for Final Rule: None

Federal Aviation Administration

Drug Enforcement Assistance

Black

Popular Title: Drug Enf Assistance

RIN 2120-AD16

Stage: Withdrawal

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

Abstract: This rulemaking revises certain requirements covering registration of aircraft, certification of pilots, and penalties associated with registration and certification violations. This rulemaking also responds to the Federal Aviation Administration Drug Enforcement Act of 1988 (the revised requirements will assist law enforcement agencies' efforts to stop drug trafficking in general aviation aircraft).

Effects:

Regulatory Flexibility Act

Prompting action: Statute

Legal Deadline:

NPRM by : 09/18/1989

Rulemaking Project Initiated: 11/18/1988

Dates for Withdrawal:

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 Withdrawal: None

Federal Aviation Administration

Aging Aircraft Safety

Black

Popular Title: Aging Aircraft

RIN 2120-AE42

Stage: Undetermined

Previous Stage: NPRM: Publication Date 10/05/1993; End of Comment Period 02/08/1994. Final Rule: Publication Date 12/05/2002; Publication Date for Extension of Comment Period 02/04/2003; End of Extended Comment Period 05/05/2003. Interim Final Rule: Publication Date 12/05/2002; End of Comment Period 02/04/2003; Publication Date for Extension of Comment Period 02/04/2003; End of Extended Comment Period 05/05/2003.

Abstract: 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 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

Corrosion Prevention and Control Program

Green

Popular Title: Corrosion Control

RIN 2120-AE92

Stage: Final Rule

Previous Stage: NPRM: Publication 10/03/2002; End of Comment Period 04/01/2003.

Abstract: 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 Final Rule:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST	06/11/2004
To OMB	07/22/2004
OMB Clearance	10/22/2004
Publication Date	11/08/2004

Explanation for any delay:

N/A

Federal Register Citation for Final Rule: None

Federal Aviation Administration

National Air Tour Safety Standards

Red

Popular Title: Air Tour Safety

RIN 2120-AF07

Stage: NPRM

Previous Stage:None

Abstract: 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, has 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	01/31/2003	02/10/2003
To OMB	04/01/2002	05/02/2003	07/10/2003
OMB Clearance	07/01/2002	10/10/2003	10/08/2003
Publication Date	07/03/2002	10/17/2003	10/22/2003
End of Comment Period	09/09/2002		01/20/2004

Explanation for any delay:

Unanticipated issues requiring further analysis

Federal Register Citation for NPRM: 68 FR 60571

Federal Aviation Administration

Revision of Emergency Evacuation Demonstration Procedures to Improve Participant Safety

Red

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.

Abstract: 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	03/23/2004
To OMB	01/02/2003	04/22/2004
OMB Clearance	04/02/2003	07/22/2004
Publication Date	04/09/2003	09/19/2004

Explanation for any delay:

Unanticipated issues requiring further analysis

Federal Register Citation for Final Rule: None

Federal Aviation Administration

Flight Crewmember Duty Limitations and Rest Requirements

Red

Popular Title: Flight Crewmember Duty Time

RIN 2120-AF63

Stage: Undetermined

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

Abstract: This rulemaking would amend the 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 would propose a definition of "rest period." FAA earlier had planned to publish an SNPRM by 3/31/02.

Effects:

Regulatory Flexibility Act

Prompting action: None

Legal Deadline:

None

Rulemaking Project Initiated: 11/28/1995

Dates for Undetermined:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST
To OMB
OMB Clearance
Publication Date
End of Comment Period

Explanation for any delay:

Unanticipated issues requiring further analysis

Federal Register Citation for Undetermined: None

Federal Aviation Administration

False and Misleading Statements Regarding Aircraft Parts

Red

Popular Title: False Statements Plane Parts

RIN 2120-AG08

Stage: NPRM

Previous Stage:None

Abstract: 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	01/16/2003
OMB Clearance	08/13/2001	04/22/2003	04/21/2003
Publication Date	08/24/2001	04/26/2003	05/05/2003
End of Comment Period			08/04/2003

Explanation for any delay:

Other, higher priorities

Federal Register Citation for NPRM: 68 FR 23808

Federal Aviation Administration

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

Green

Popular Title: GCNP Phaseout rule

RIN 2120-AG34

Stage: Final Rule

Previous Stage: NPRM: Publication Date 12/31/1996; End of Comment Period 03/31/1997. SNPRM: Publication Date 03/24/2003; End of Comment Period 06/23/2003.

Abstract: This action is one part of an overall strategy to reduce further the impact of aircraft noise on the environment of Grand Canyon National Park (GCNP) and to help the National Park Service achieve its statutory mandate imposed by Public Law 100-91 to provide for the substantial restoration of natural quiet and experience at GCNP. This rulemaking will establish a reasonably achievable standard for quiet technology to comply with the congressional mandate imposed by section 804 of the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (Public Law 106-181).

Effects:

Regulatory Flexibility Act

Prompting action: None

Legal Deadline:

None

Rulemaking Project Initiated: 12/31/1996

Dates for Final Rule:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST	06/30/2004	06/21/2004
To OMB	09/29/2004	07/30/2004
OMB Clearance	12/28/2004	10/22/2004
Publication Date	01/06/2005	10/29/2004

Explanation for any delay:

N/A

Federal Register Citation for Final Rule: None

Federal Aviation Administration

10.

Licensing and Safety Requirements for Launch

Red

Popular Title: Licensing Space Launches

RIN 2120-AG37

Stage: SNPRM/2

Previous Stage: NPRM: Publication Date 10/25/2000; End of Comment Period 2/22/2001. SNPRM: Publication Date 07/30/2002; End of Comment Period 10/28/2002.

Abstract: This 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/2:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST	05/21/2003	06/01/2004
To OMB	06/20/2003	07/09/2004
OMB Clearance	09/19/2003	10/01/2004
Publication Date	09/26/2003	10/11/2004
End of Comment Period	12/26/2003	01/05/2005

Explanation for any delay:

Additional coordination necessary

Federal Register Citation for SNPRM/2: None

Federal Aviation Administration

11.

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.

Abstract: 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:

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

12.

Training in the Recognition of Hazardous Material

Red

Popular Title: Hazmat Training Requirements

RIN 2120-AG75

Stage: NPRM

Previous Stage:None

Abstract: This rulemaking would propose to amend its hazardous materials (hazmat) training requirements for air carriers and commercial operators certificated to operate under part 121 or part 135. In addition, the rulemaking would propose that repair stations certificated under part 145 document for the FAA that persons handling hazmat for transportation have been trained as required by the Department of Transportation's Hazardous Materials Regulations (HMRs). The FAA is updating its regulations because hazmat transport and the aviation industry have changed significantly since the FAA promulgated its hazmat training standards to ensure uniform compliance with training requirements.

Effects:

None

Prompting action: None

Legal Deadline:

None

Rulemaking Project Initiated: 02/18/1999

Dates for NPRM:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST	12/15/1999		02/08/2002
Resubmitted to OST			06/20/2002
Returned to Mode			11/08/2002
Resubmitted to OST/2			11/18/2002
Returned to Mode/2			12/09/2002
Resubmitted to OST/3			12/20/2002
To OMB		11/20/2002	01/28/2003
OMB Clearance	01/20/2000	04/28/2003	04/28/2003
Publication Date	01/20/2000	05/01/2003	05/08/2003
End of Comment Period		08/01/2003	07/07/2003
Extension of Comment Period			07/07/2003
End of Extended Comment Period			09/05/2003

Explanation for any delay:

Unanticipated issues requiring further analysis

Federal Register Citation for NPRM: 68 FR 24809

Federal Aviation Administration

13.

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

Red

Popular Title: Digital Flight Data Recorder/B-737

RIN 2120-AG87

Stage: Final Rule

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

Abstract: 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
Resubmitted to OST/2		03/22/2004
Resubmitted to OMB		05/07/2004
OMB Clearance	07/28/2000	08/16/2004
Publication Date	08/11/2000	09/02/2004

Explanation for any delay:

Unanticipated issues requiring further analysis

Federal Register Citation for Final Rule: None

Federal Aviation Administration

14.

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.

Abstract: 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
Resubmitted to OST			09/03/2002
Resubmitted to OST/2			09/12/2002
To OMB	10/26/2001	10/15/2002	01/22/2003
Withdrawn from OMB			04/21/2003
Returned to Mode/2			04/21/2003
Resubmitted to OMB		04/25/2003	05/08/2003
OMB Clearance		07/31/2003	08/06/2003
Publication Date	11/01/2001	11/28/2003	02/10/2004

Explanation for any delay:

Unanticipated issues requiring further analysis

Federal Register Citation for Final Rule: 69 FR 6380

Federal Aviation Administration

15.

Flight Simulation Device Qualification

Green

Popular Title: Simulator Qualification (Part 60)

RIN 2120-AH07

Stage: Final Rule

Previous Stage: NPRM: Publication Date 09/25/2002; Publication Date for Extension of Comment Period 11/15/2002; End of Comment Period 12/24/2002; End of Extended Comment Period 02/24/2003.

Abstract: 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 Final Rule:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST	08/23/2004
To OMB	09/23/2004
OMB Clearance	12/23/2004
Publication Date	12/30/2004

Explanation for any delay:

N/A

Federal Register Citation for Final Rule: None

Federal Aviation Administration

16.

Certification of Aircraft and Airmen for the Operation of Light-Sport Aircraft

Red

Popular Title: Light-Sport Aircraft Certification

RIN 2120-AH19

Stage: Final Rule

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

Abstract: 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	07/31/2003	07/31/2003
To OMB	03/28/2003	01/30/2004	12/24/2003
OMB Clearance	07/01/2003	04/30/2004
Publication Date	07/08/2003	05/11/2004

Explanation for any delay:

Unanticipated issues requiring further analysis

Federal Register Citation for Final Rule: None

Federal Aviation Administration

17.

Revisions to Passenger Facility Charge Rule for Compensation to Air Carriers

Green

Popular Title: Passenger Facility Charge

RIN 2120-AH43

Stage: Final Rule

Previous Stage: NPRM: Publication Date 11/27/2002; End of Comment Period 01/13/2003; Publication Date for Extension of Comment Period 01/14/2003; End of Extended Comment Period 02/12/2003.

Abstract: 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 Final Rule:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST	08/25/2003		08/20/2003
To OMB	09/22/2003	11/05/2003	11/20/2003
OMB Clearance	12/22/2003	02/20/2004	02/18/2004
Publication Date	01/05/2004	02/27/2004

Explanation for any delay:

N/A

Federal Register Citation for Final Rule: None

Federal Aviation Administration

18.

Transponder Continuous Operation

Red

Popular Title: Transponder Continuous Operation

RIN 2120-AH67

Stage: Withdrawal

Previous Stage: NPRM: Publication Date 1/14/2003; End of Comment Period 3/17/2003; Extension of Comment Period 3/18/2003; End of Extended Comment Period 4/18/2003.

Abstract: This rulemaking would amend the instrument and equipment requirements for airplanes operated in domestic, flag, and supplemental operations. Specifically, the rulemaking would require affected airplanes to have the capability to help assure immediate activation of the designated air traffic control (ATC) hijack alert code, and continuous transmission of that code to ATC during a hijack situation. This action would respond to the heightened threat to U.S. civil aviation. The FAA believed that this capability would help provide ATC personnel with more time to initiate a national security response to a potential airplane hijack situation. Following a review of the comments, however, the FAA is considering withdrawing the NPRM, because of uncertainty about whether it is justified.

Effects:

None

Prompting action: Secretarial/Head of Operating Administration Decision

Legal Deadline:

None

Rulemaking Project Initiated: 10/01/2001

Dates for Withdrawal:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST	08/08/2003		10/10/2003
Publication Approved	09/03/2003	11/24/2003
Publication Date	10/14/2003	12/01/2003

Explanation for any delay:

Unanticipated issues requiring further analysis
Additional coordination necessary

Federal Register Citation for Withdrawal: None

Federal Aviation Administration

19.

Security Considerations for the Flightdeck on Foreign Operated Transport Category Airplanes

Black

Popular Title: Flightdeck Security (Part 129)

RIN 2120-AH70

Stage: Disposition of Comments

Previous Stage: Final Rule: Publication Date 06/21/2002. Final Rule/2: Publication Date 12/30/2002; End of Comment Period 02/28/2003.

Abstract: 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. Because this rule was issued without prior notice and comment to address imminent security concerns, it contains a request for public comments.

Effects:

None

Prompting action: None

Legal Deadline:

None

Rulemaking Project Initiated: 01/15/2002

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

20.

Picture Identification Requirements

Green

Popular Title: Picture ID Requirements

RIN 2120-AH76

Stage: Disposition of Comments

Previous Stage: Final Rule with Request for Comments: Publication Date 10/28/2002; End of Comment Period 11/27/2002.

Abstract: 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 Disposition of Comments:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST	08/30/2004
Publication Approved	11/19/2004
Publication Date	11/26/2004

Explanation for any delay:

N/A

Federal Register Citation for Disposition of Comments: None

Federal Aviation Administration

21.

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

Green

Popular Title: Crawford Texas Airspace

RIN 2120-AH83

Stage: Disposition of Comments

Previous Stage: Interim Final Rule: Publication Date 04/22/2003; End of Comment Period 06/23/2003.

Abstract: This rule would require that notice be filed with FAA for 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 existing prohibited airspace surrounding the Presidents' private residence. 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 Disposition of Comments:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST	12/10/2003		11/24/2003
Publication Approved	04/12/2004		01/14/2004
Publication Date	04/19/2004		02/06/2004

Explanation for any delay:

N/A

Federal Register Citation for Disposition of Comments: 69 FR 5682

Federal Aviation Administration

22.

Ineligibility for an Airman Certificate Based on Security Grounds

Black

Popular Title: Cert. Revocation for Security

RIN 2120-AH84

Stage: Disposition of Comments

Previous Stage: Final Rule: Publication Date 01/24/2003; End of Comment Period 03/25/2003. Final Rule with Request for Comments: Publication Date 01/24/2003; End of Comment Period 03/25/2003.

Abstract: 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. This rulemaking complements the TSA Revocation Rulemakings (2110-AA14 and 2110-AA17).

Effects:

None

Prompting action: None

Legal Deadline:

None

Rulemaking Project Initiated: 09/11/2001

Dates for Disposition of Comments:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST
Publication Date

Explanation for any delay:

N/A

Federal Register Citation for Disposition of Comments: None

Federal Aviation Administration

23.

Revisions to Cockpit Voice Recorder and Digital Flight Data Recorder Regulations

Red

Popular Title: Cockpit Voice Recorder

RIN 2120-AH88

Stage: NPRM

Previous Stage:None

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

Effects:

None

Prompting action: None

Legal Deadline:

None

Rulemaking Project Initiated: 08/30/1999

Dates for NPRM:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST	12/03/1999		08/28/2002
Returned to Mode			09/05/2002
Resubmitted to OST			10/05/2002
Returned to Mode/2			02/07/2003
Resubmitted to OST/2		02/27/2004	02/27/2004
To OMB	11/04/2002	03/31/2004
OMB Clearance	02/04/2003	06/29/2004
Publication Date	02/09/2003	07/07/2004
End of Comment Period	04/09/2003	09/07/2004

Explanation for any delay:

Additional coordination necessary

Federal Register Citation for NPRM: None

Federal Aviation Administration

24.

Flight Deck Security on Large Cargo Airplanes

Red

Popular Title: Large Cargo Airplanes

RIN 2120-AH96

Stage: Final Rule with Request for Comments

Previous Stage:None

Abstract: This action would provide an optional means of compliance to operators of all cargo airplanes that are required to have a reinforced security flightdeck door by April 9, 2003. This rule would allow those operators to either install reinforced doors or adopt enhanced procedures approved by the Transportation Security Administration. FAA continuing review of comments. New schedule after 01/30/04.

Effects:

None

Prompting action: Secretarial/Head of Operating Administration Decision

Legal Deadline:

None

Rulemaking Project Initiated: 11/10/2002

Dates for Final Rule with Request for Comments:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST	12/24/2002		01/06/2003
To OMB	01/24/2003		03/06/2003
OMB Clearance	04/24/2003	06/06/2003	06/03/2003
Publication Date	04/29/2003	06/11/2003	07/18/2003
End of Comment Period			09/16/2003

Explanation for any delay:

Unanticipated impacts requiring further analysis

Federal Register Citation for Final Rule with Request for Comments: 68 FR 42873

Federal Aviation Administration

25.

Stage 4 Aircraft Noise Standards

Green

Popular Title: Stage 4

RIN 2120-AH99

Stage: NPRM

Previous Stage:None

Abstract: This rulemaking would establish a new noise standard for subsonic jet airplanes and subsonic transport category large airplanes. This noise standard would ensure that the latest available noise reduction technology is incorporated into new aircraft designs. This noise standard, Stage 4, would apply to any person submitting an application for a new airplane type design on and after January 1, 2006. The standard could be chosen voluntarily prior to that date. This noise standard is intended to provide uniform noise certification standards for Stage 4 airplanes certificated in the United States and those airplanes that meet the new International Civil Aviation Organization Annex 16 Chapter 4 noise standard.

Effects:

None

Prompting action: International Agreement

Legal Deadline:

None

Rulemaking Project Initiated: 01/28/2002

Dates for NPRM:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST	06/05/2003		06/10/2003
To OMB	10/03/2003		08/20/2003
OMB Clearance	01/05/2004		11/13/2003
Publication Date	01/09/2004		12/01/2003
End of Comment Period	03/09/2004		03/01/2004

Explanation for any delay:

N/A

Federal Register Citation for NPRM: 68 FR 67330

Federal Aviation Administration

26.

Extended Operations (ETOPS) of Multi-engine Airplanes

Green

Popular Title: ETOPS

RIN 2120-AI03

Stage: NPRM

Previous Stage:None

Abstract: This rulemaking would govern the design, maintenance, and operation of airplanes and engines for flights that go certain long distances beyond an adequate airport. This rulemaking would extend some requirements that previously applied only to two-engine airplanes to airplanes with more than two-engines. The rulemaking would implement the existing policy, industry best practices, and recommendations and international standards to ensure that long-range flights will operate safely.

Effects:

None

Prompting action: None

Legal Deadline:

None

Rulemaking Project Initiated: 08/10/2000

Dates for NPRM:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST	09/03/2003		08/26/2003
Version 2 Submitted to OST			09/15/2003
To OMB	10/02/2003		10/09/2003
OMB Clearance	01/02/2004		11/04/2003
Publication Date	01/12/2004		11/17/2003
End of Comment Period	06/10/2004		01/13/2004
Publication Date for Extension of Comment Period			01/06/2004
End of Extended Comment Period			03/15/2004

Explanation for any delay:

N/A

Federal Register Citation for NPRM: 68 FR 64730

Federal Highway Administration

Federal Highway Administration

27.

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

Red

Popular Title: FLS: NPS Roads

RIN 2125-AE52

Stage: Final Rule

Previous Stage: ANPRM: Publication Date 09/01/1999; End of Comment Period 11/01/1999. NPRM: Publication Date 01/08/2003; End of Comment Period 03/10/2003.

Abstract: 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 Final Rule:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST	06/03/2003	08/11/2003	08/21/2003
To OMB	07/03/2003	09/10/2003	11/17/2003
OMB Clearance	10/03/2003	02/17/2004	02/11/2004
Publication Date	10/22/2003	02/24/2004	02/27/2004

Explanation for any delay:

Additional coordination necessary

Federal Register Citation for Final Rule: 69 FR 9470

Federal Highway Administration

28.

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

Red

Popular Title: FLS: BIA Roads

RIN 2125-AE53

Stage: Final Rule

Previous Stage: ANPRM: Publication Date 09/01/1999; End of Comment Period 11/1/1999. NPRM: Publication Date 01/08/2003; End of Comment Period 03/10/2003.

Abstract: 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 Final Rule:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST	06/03/2003	08/11/2003	08/21/2003
To OMB	07/03/2003	09/10/2003	11/17/2003
OMB Clearance	10/03/2003	02/17/2004	02/11/2004
Publication Date	10/22/2003	02/24/2004	02/27/2004

Explanation for any delay:

Additional coordination necessary

Federal Register Citation for Final Rule: 69 FR 9490

Federal Highway Administration

29.

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

Red

Popular Title: FLS: FWS Roads

RIN 2125-AE54

Stage: Final Rule

Previous Stage: ANPRM: Publication Date 09/01/1999; End of Comment Period 11/01/1999. NPRM: Publication Date 01/08/2003; End of Comment Period 03/10/2003.

Abstract: 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 Final Rule:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST	06/03/2003	08/11/2003	08/21/2003
To OMB	07/03/2003	09/10/2003	11/17/2003
OMB Clearance	10/03/2003	02/17/2004	02/11/2004
Publication Date	10/22/2003	02/24/2004	02/27/2004

Explanation for any delay:

Additional coordination necessary

Federal Register Citation for Final Rule: 69 FR 9483

Federal Highway Administration

30.

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

Red

Popular Title: FLS Forest Highways Program

RIN 2125-AE55

Stage: Final Rule

Previous Stage: ANPRM: Publication Date 09/01/1999; End of Comment Period 11/01/1999. NPRM: Publication Date 01/08/2003; End of Comment Period 03/10/2003.

Abstract: 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 Final Rule:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST	06/03/2003	08/11/2003	08/21/2003
To OMB	07/03/2003	09/10/2003	11/17/2003
OMB Clearance	10/03/2003	02/17/2004	02/11/2004
Publication Date	10/22/2003	02/24/2004	02/27/2004

Explanation for any delay:

Additional coordination necessary

Federal Register Citation for Final Rule: 69 FR 9476

Federal Highway Administration

31.

National Bridge Inspection Standards

Green

Popular Title: NBIS

RIN 2125-AE86

Stage: Final Rule

Previous Stage: ANPRM: Publication Date 9/26/2001; End of Comment Period 12/26/2001. NPRM: Publication Date 9/9/2003; End of Comment Period 11/10/2003.

Abstract: 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:

None

Prompting action: None

Legal Deadline:

None

Rulemaking Project Initiated: 08/31/2001

Dates for Final Rule:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST	06/15/2004
To OMB	07/16/2004
OMB Clearance	10/15/2004
Publication Date	10/23/2004

Explanation for any delay:

Additional coordination necessary

Federal Register Citation for Final Rule: None

Federal Highway Administration

32.

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

Green

Popular Title: Retroreflectivity of Road Signs

RIN 2125-AE98

Stage: NPRM

Previous Stage:None

Abstract: This rulemaking would amend the Manual on Uniform Traffic Control Devices for Streets and Highways (MUTCD) to include methods to maintain traffic sign retroreflectivity. The maintenance methods would establish a basis for improving nighttime visibility of traffic signs to promote safety, enhance traffic operations, and facilitate comfort and convenience for all drivers. The changes would be designated as Revision No. 1 to the 2003 Edition of the MUTCD. This rulemaking was prompted by the FY 1993 DOT and Related Agencies Appropriations Act, which in 1998, ASHTO requested a delay in rulemaking until formal ASHTO recommendations could be developed based on research completed. ASHTO submitted recommendations in 2000. Further studies were completed in 2001. During 2002 the Texas Transportation Institute, under contract to the FHWA, conducted four workshops on sign retroreflectivity.

Effects:

None

Prompting action: Statute

Legal Deadline:

None

Rulemaking Project Initiated: 05/07/2003

Dates for NPRM:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST	02/05/2004
To OMB	03/05/2004
OMB Clearance	06/04/2004
Publication Date	05/26/2004
End of Comment Period	07/26/2004

Explanation for any delay:

N/A

Federal Register Citation for NPRM: None

Federal Motor Carrier Safety Administration

Federal Motor Carrier Safety Administration

33.

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.

Abstract: 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 was completed, and the contractor issued a final report in December 2002. This rulemaking has been delayed due to higher priorities given other rulemakings because of court action.

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	12/14/2004
To OMB	08/14/2003	01/14/2005
OMB Clearance	11/14/2003	04/14/2005
Publication Date	11/28/2003	04/30/2005
End of Comment Period	01/28/2004	06/30/2005

Explanation for any delay:

Other, higher priorities
Unanticipated impacts requiring further analysis

Federal Register Citation for NPRM: None

Federal Motor Carrier Safety Administration

34.

Qualification of Drivers; Vision

Red

Popular Title: CDL- Vision

RIN 2126-AA05

Stage: NPRM

Previous Stage: ANPRM: Publication Date 2/28/92; End of Comment Period 4/28/92. Notice Request for Comments: Publication Date 6/05/96.

Abstract: 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 after further evaluating and considering these recommendations has decided to proceed with a rulemaking to amend its regulation governing the visual field requirement in the vision standard.

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	04/27/2004
To OMB	03/15/2003	05/27/2004
OMB Clearance	06/15/2003	08/27/2004
Publication Date	06/30/2003	09/10/2004
End of Comment Period	08/30/2003	11/10/2004

Explanation for any delay:

Unanticipated impacts requiring further analysis

Federal Register Citation for NPRM: None

Federal Motor Carrier Safety Administration

35.

Federal Motor Carrier Safety Regulations; General Transportation of Hazardous Materials

Red

Popular Title: Hazardous Materials Permitting

RIN 2126-AA07

Stage: Final Rule

Previous Stage: NPRM: Publication Date 6/17/93; End of Comment Period 8/16/93. SNPRM: Publication Date 8/19/2003; End of Comment Period 10/20/2003.

Abstract: 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 by : 11/15/1991

Rulemaking Project Initiated: 11/16/1990

Dates for Final Rule:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST	01/20/2004		02/02/2004
To OMB	02/20/2004
OMB Clearance	05/20/2004
Publication Date	05/27/2004

Explanation for any delay:

Other, higher priorities

Federal Register Citation for Final Rule: None

Federal Motor Carrier Safety Administration

36.

Minimum Training Requirements for Longer Combination Vehicle (LCV) Operators and LCV Driver-Instructor Requirements

Red

Popular Title: LCV Training Rule

RIN 2126-AA08

Stage: Final Rule

Previous Stage: ANPRM: Publication Date 01/05/1993; End of Comment Period 3/16/1993. NPRM: Publication Date 08/12/2003; End of Comment Period 10/14/2003.

Abstract: 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, which directed that training for longer combination vehicle operators include certification of an operator's proficiency by an instructor who has met the requirements established by the Secretary of DOT.

Effects:

None

Prompting action: Statute

Legal Deadline:

Final Rule : 12/18/1993

Rulemaking Project Initiated: 12/18/1991

Dates for Final Rule:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST	12/15/2003		12/15/2003
To OMB	01/15/2004		01/08/2004
OMB Clearance	03/15/2004
Publication Date	03/22/2004

Explanation for any delay:

Other, higher priorities

Federal Register Citation for Final Rule: None

Federal Motor Carrier Safety Administration

37.

Training for Entry-Level Drivers of Commercial Motor Vehicles

Red

Popular Title: Training for Entry-Level Drivers

RIN 2126-AA09

Stage: Final Rule

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. NPRM: Publication Date 8/15/03; End of Comment Period 10/15/03.

Abstract: 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 Final Rule:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST	12/15/2003		12/15/2003
To OMB	01/15/2004		01/08/2004
OMB Clearance	04/15/2004
Publication Date	04/22/2004

Explanation for any delay:

Other, higher priorities

Federal Register Citation for Final Rule: None

Federal Motor Carrier Safety Administration

38.

Commercial Driver Physical Fitness As Part Of The CDL Process

Red

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.

Abstract: 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	04/27/2004
To OMB	11/01/2002	05/27/2004
OMB Clearance	02/01/2003	08/27/2004
Publication Date	02/15/2003	09/10/2004
End of Comment Period	04/15/2003	11/10/2004

Explanation for any delay:

Unanticipated issues requiring further analysis

Federal Register Citation for NPRM: None

Federal Motor Carrier Safety Administration

39.

Safety Performance History of New Drivers

Green

Popular Title: Safety Performance of New Drivers

RIN 2126-AA17

Stage: Final Rule

Previous Stage: NPRM: Publication Date 03/14/1996; End of Comment Period 5/13/1996. SNPRM: Publication Date 07/17/2003; End of Comment Period 09/02/2003.

Abstract: The rulemaking would amend the Federal motor carrier regulations to include minimum safety information that new and prospective employers must seek from former employers during the investigation of a driver's employment record. The rule would also increase the time period that carriers must record accident information in the accident register, from one year to three years.

Effects:

None

Prompting action: Statute

Legal Deadline:

Complete NPRM : 01/01/1999

Rulemaking Project Initiated: 11/16/1990

Dates for Final Rule:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST	11/03/2003		11/20/2003
To OMB	12/03/2003	12/20/2003	01/08/2004
OMB Clearance	03/03/2004	03/20/2004
Publication Date	03/10/2004	03/31/2004

Explanation for any delay:

N/A

Federal Register Citation for Final Rule: None

Federal Motor Carrier Safety Administration

40.

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.

Abstract: 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. This action is required by the Hazardous Materials Transportation Authorization Act of 1994.

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	12/01/2004
To OMB	12/17/2002	12/31/2004
OMB Clearance	03/17/2003	03/31/2005
Publication Date	03/31/2003	04/14/2005

Explanation for any delay:

Unanticipated issues requiring further analysis

Federal Register Citation for Final Rule: None

Federal Motor Carrier Safety Administration

41.

Unified Registration System

Red

Popular Title: URS

RIN 2126-AA22

Stage: NPRM

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

Abstract: This 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	10/16/2002
Returned to Mode			11/26/2002
Resubmitted to OST	08/30/2003	10/15/2004
To OMB	03/15/2002	11/15/2004
OMB Clearance	04/24/2002	02/15/2005
Publication Date	04/30/2002	02/28/2005
End of Comment Period	07/01/2002	04/28/2005

Explanation for any delay:

Unanticipated issues requiring further analysis

Federal Register Citation for NPRM: None

Federal Motor Carrier Safety Administration

42.

Transportation of Household Goods; Consumer Protection Regulations

Red

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.

Abstract: 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. FMCSA received petitions for reconsideration of the Interim Final Rule published June 11, 2003 and is now considering these petitions. To allow time for the analysis the agency published an announcement of the delay the compliance date of the IFR until further notice. As part of the analysis, the agency will determine the next appropriate step for this rulemaking.

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
Returned to Mode			11/21/2002
To OMB	10/16/2002		02/27/2003
OMB Clearance	01/16/2003	05/27/2003	05/16/2003
Publication Date	02/01/2003	06/01/2003	06/11/2003
End of Comment Period	04/01/2003		08/11/2003

Explanation for any delay:

Unanticipated impacts requiring further analysis
Additional coordination necessary

Federal Register Citation for Interim Final Rule: 68 FR 35064

Federal Motor Carrier Safety Administration

43.

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

Red

Popular Title: Mexican Motor Carriers/Application

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.

Abstract: This rulemaking changes FMCSA regulations to govern applications by Mexican carriers to operate beyond municipalities and commercial zones at the United State-Mexico border. It also revises the application form, OP-1MX, to be filed by these Mexican motor carriers. The revised form requires additional information about the applicant's business and operating practices to allow the FMCSA to determine if the applicant 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). On January 16, 2003 the Ninth Circuit Court remanded this rule, along with 2 other NAFTA-related rules, to the agency requiring a full environmental impact statement and an analysis required by the Clean Air Act. On December 15, 2003, the Supreme Court decided to hear the case as to whether the FMCSA is required to prepare the environmental documents as ruled by the Ninth Circuit court. This rule will not proceed to the next stage until either the environmental documents are completed consistent with the Ninth Circuit Court ruling or until the Supreme Court hears the case and issues a ruling overturning the Ninth Circuit Court decision.

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:

Unanticipated impacts requiring further analysis

Federal Register Citation for Final Rule: None

Federal Motor Carrier Safety Administration

44.

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

Red

Popular Title: Mexican Motor Carriers/Monitoring and Compliance

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.

Abstract: 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 rulemaking 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). On January 16, 2003 the Ninth Circuit Court remanded this rule, along with 2 other NAFTA-related rules, to the agency requiring a full environmental impact statement and an analysis required by the Clean Air Act. On December 15, 2003, the Supreme Court decided to hear the case as to whether the FMCSA is required to prepare the environmental documents as ruled by the Ninth Circuit court. This rule will not proceed to the next stage until either the environmental documents are completed consistent with the Ninth Circuit Court ruling or until the Supreme Court hears the case and issues a ruling overturning the Ninth Circuit Court decision.

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:

Unanticipated impacts requiring further analysis

Federal Register Citation for Final Rule: None

Federal Motor Carrier Safety Administration

45.

Interstate School Bus Safety

Green

Popular Title: Interstate School Bus Safety

RIN 2126-AA53

Stage: Withdrawal

Previous Stage: ANPRM: Publication Date 10/22/2001; End of Comment Period 01/22/2002.

Abstract: The FMCSA considered making the FMCSRs applicable to all interstate school transportation operations by local educational agencies (LEAs). This action was in response to sec. 4024 of the TEA-21, which mandates that FMCSA to make a determination whether to make the FMCSRs applicable to such operations. The FMCSA requested comments, data, and information to assist the agency in making this determination. FMCSA is considering withdrawing this ANPRM, since the data showed that the interstate school bus operations by LEAs are both limited in number and have an excellent safety record.

Effects:

None

Prompting action: Statute

Legal Deadline:

Initiate rulemaking : 12/09/1998

Rulemaking Project Initiated: 06/09/1998

Dates for Withdrawal:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST	02/03/2004		01/08/2004
Publication Approved	02/27/2004
Publication Date	03/11/2004

Explanation for any delay:

N/A

Federal Register Citation for Withdrawal: None

Federal Motor Carrier Safety Administration

46.

New Entrant Safety Assurance Process

Green

Popular Title: New Entrant

RIN 2126-AA59

Stage: Interim Final Rule/2

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

Abstract: 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 Interim Final Rule/2:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST	08/17/2004
To OMB	09/17/2004
OMB Clearance	12/17/2004
Publication Date	12/31/2004
End of Comment Period	02/28/2005

Explanation for any delay:

N/A

Federal Register Citation for Interim Final Rule/2: None

Federal Motor Carrier Safety Administration

47.

Certification of Safety Auditors, Safety Investigators, and Safety Inspectors

Red

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.

Abstract: 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. On January 16, 2003 the Ninth Circuit Court remanded this rule to the agency, along with 2 other NAFTA-related rules, because the agency failed to comply with statutory environmental analysis requirements. Accordingly, FMCSA has analyzed the potential environmental impacts from implementation of this rulemaking and on October 2, 2003 (68 FR 56863) announced the availability of the Environmental Assessment for the Certification of Safety Auditors, Safety Investigators, and Safety Inspectors interim final rule. After receiving comments (due November 3, 2003) the agency will determine the appropriate next step for this rulemaking.

Effects:

None

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:

Unanticipated impacts requiring further analysis

Federal Register Citation for Final Rule: None

Federal Motor Carrier Safety Administration

48.

Certification of Compliance with Federal Motor Vehicle Safety Standards (FMVSS)

Red

Popular Title: Parts and Accessories Necessary for Safe Operation

RIN 2126-AA69

Stage: Final Rule

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

Abstract: This rulemaking would amend the Federal Motor Carrier Safety Regulations 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 (FMVSS) 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 requirements.

Effects:

None

Prompting action: None

Legal Deadline:

None

Rulemaking Project Initiated: 06/01/2002

Dates for Final Rule:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST	11/15/2003	03/24/2004
To OMB	12/15/2003	04/24/2004
OMB Clearance	03/15/2004	07/23/2004
Publication Date	03/30/2004	07/30/2004

Explanation for any delay:

Other, higher priorities

Federal Register Citation for Final Rule: None

Federal Motor Carrier Safety Administration

49.

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/2

Previous Stage: Interim Final Rule: Publication Date 05/05/2003; End of Comment Period 07/07/2003.

Abstract: This rulemaking amends the Federal Motor Carrier Safety Regulations prohibiting States from issuing, renewing, transferring or upgrading a commercial driver's license with a hazardous materials endorsement unless the Transportation Security Administration has first conducted a background check on the applicant and determined the applicant does not pose a security risk warranting denial of the hazardous materials endorsement. The compliance date provisions being revised require States to collect fingerprints from individuals applying for, renewing, upgrading or transferring a hazmat endorsement for a CDL beginning November 3, 2003. This rulemaking and a companion TSA rulemaking are changing that date to April 1, 2004, and TSA may postpone that date, in individual cases, to not later than December 1, 2004.

Effects:

None

Prompting action: Statute

Legal Deadline:

None

Rulemaking Project Initiated: 10/26/2001

Dates for Interim Final Rule/2:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST	10/30/2003		10/30/2003
To OMB	10/31/2003		10/31/2003
OMB Clearance	10/31/2003		11/04/2003
Publication Date	11/03/2003		11/07/2003
End of Comment Period	01/03/2004		01/06/2004

Explanation for any delay:

N/A

Federal Register Citation for Interim Final Rule/2: 68 CFR 63030

Federal Motor Carrier Safety Administration

50.

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

Red

Popular Title: CVSA decals

RIN 2126-AA72

Stage: Interim Final Rule

Previous Stage:None

Abstract: This rulemaking would amend 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 decal requirements this rule will help ensure that these motor carriers operate safe vehicles in the United States. Because this rulemaking is inextricably linked to the NAFTA rules, publication of the rulemaking has been delayed pending resolution of environmental review procedure concerns raised by the January 16, 2003 Ninth Circuit Court of Appeals decision on the agency's NAFTA rules. Although the agency is conducting a Programmatic Environmental Impact Statement, announced August 26, 2003 (68 FR 51322), the appropriate next steps for the NAFTA rules will not be determined until after the PEIS is completed.

Effects:

None

Prompting action: None

Legal Deadline:

None

Rulemaking Project Initiated: 02/09/2002

Dates for Interim Final Rule:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST	09/15/2002		07/29/2002
To OMB	10/15/2002		11/06/2002
OMB Clearance	01/15/2003		01/29/2003
Publication Date	02/01/2003
End of Comment Period	04/01/2003

Explanation for any delay:

Unanticipated impacts requiring further analysis

Federal Register Citation for Interim Final Rule: None

Federal Motor Carrier Safety Administration

51.

Hours of Service of Drivers; Supporting Documents

Red

Popular Title: Supporting Documents

RIN 2126-AA76

Stage: SNPRM

Previous Stage: NPRM: Publication Date 4/20/1998; End of Comment Period 6/19/1998. Technical Amendments: Publication date: 9/30/2003.

Abstract: 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:

Rule to be issued and become effective : 02/26/1996

Rulemaking Project Initiated: 08/26/1994

Dates for SNPRM:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST	11/15/2002	01/26/2004	01/14/2004
To OMB	01/03/2003	02/26/2004
OMB Clearance	04/03/2003	05/26/2004
Publication Date	04/10/2003	06/04/2004
End of Comment Period	06/10/2003	08/04/2004

Explanation for any delay:

Unanticipated issues requiring further analysis

Federal Register Citation for SNPRM: None

Federal Motor Carrier Safety Administration

52.

Registration Enforcement

Red

Popular Title: Registration Enforcement

RIN 2126-AA78

Stage: Final Rule

Previous Stage: Interim Final Rule: Publication Date 08/28/2002; End of Comment Period 10/28/2002.

Abstract: This 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: 07/29/2002

Dates for Final Rule:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST	07/14/2003	12/15/2004
To OMB	08/14/2003	01/16/2005
OMB Clearance	11/14/2003	04/17/2005
Publication Date	11/28/2003	04/28/2005

Explanation for any delay:

Unanticipated issues requiring further analysis

Federal Register Citation for Final Rule: None

Federal Railroad Administration

Federal Railroad Administration

53.

Whistle Bans at Highway-Rail Grade Crossings

Red

Popular Title: Whistle Bans

RIN 2130-AA71

Stage: Interim Final Rule

Previous Stage: NPRM: Publication Date 01/13/2000; End of Comment Period 05/26/2000.

Abstract: 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 Interim Final Rule:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST	06/30/2003		06/27/2003
Returned to Mode			07/02/2003
Returned to OST			07/11/2003
To OMB	07/28/2003	08/11/2003	08/28/2003
OMB Clearance	10/28/2003	11/11/2003	11/25/2003
Publication Date	10/31/2003	11/18/2003	12/18/2003
End of Comment Period	12/31/2003	01/20/2004	02/17/2004
Extension of Comment Period			02/13/2004
End of Extended Comment Period			04/19/2004

Explanation for any delay:

N/A

Federal Register Citation for Interim Final Rule: 68 FR 70585

Federal Railroad Administration

54.

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.

Abstract: 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	09/30/2003	09/29/2003
Returned to Mode			10/31/2003
Resubmitted to OST		12/22/2003	12/22/2003
To OMB	07/08/2002	01/22/2004	01/14/2004
OMB Clearance	10/15/2002	04/22/2004
Publication Date	10/18/2002	04/29/2004

Explanation for any delay:

Unanticipated impacts requiring further analysis

Federal Register Citation for Final Rule: None

Federal Railroad Administration

55.

Locomotive Crashworthiness

Black

Popular Title: Locomotive Crashworthiness

RIN 2130-AB23

Stage: NPRM

Previous Stage:None

Abstract: This rulemaking would address the crashworthiness of locomotives pursuant to the Rail Safety Enforcement and Review Act of (1992). FRA investigated locomotive crashworthiness, as well as a variety of locomotive working conditions (See RIN 2130-AA89) and reported its finding to Congress. On October 31, 1996, the Railroad Safety Advisory Committee (RSAC) accepted a preliminary planning task to schedule handling of these issues. The Locomotive Crew Safety Working Group met on January 23, 1997, to develop task statements that were forwarded to the full RSAC and accepted on June 24, 1997. The RSAC Locomotive Crashworthiness Working Group last met in January 2002, to consider specific recommendations for regulatory action.

Effects:

None

Prompting action: Statute

Legal Deadline:

None

Rulemaking Project Initiated: 01/27/1998

Dates for NPRM:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST	04/27/2004
To OMB	05/27/2004
OMB Clearance	08/27/2004
Publication Date	09/05/2004

Explanation for any delay:

N/A

Federal Register Citation for NPRM: None

Federal Railroad Administration

56.

Locomotive Event Recorders

Yellow

Popular Title: Event Recorders

RIN 2130-AB34

Stage: NPRM

Previous Stage:None

Abstract: This rulemaking would improve the crashworthiness of railroad locomotive event recorders and would enhance the quality of information available for post-accident investigations. FRA proposes to amend its existing regulations in four major ways: (1) by requiring that new locomotives have event recorders with hardened memory modules, proven by a requirement that the memory modules preserve stored data throughout a sequence of prescribed tests; (2) by requiring that new locomotives have an event recorder that collects certain additional types of information; (3) by simplifying standards for inspecting, testing, and maintaining event recorders; and (4) by requiring the phasing out, over a six-year period, of event recorders that use magnetic tape as a data storage medium. This rule was originally designated as nonsignificant.

Effects:

None

Prompting action: None

Legal Deadline:

None

Rulemaking Project Initiated: 06/24/1997

Dates for NPRM:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST	12/24/2003		12/22/2003
To OMB	01/23/2004
OMB Clearance	04/23/2004
Publication Date	04/30/2004
End of Comment Period	06/30/2004

Explanation for any delay:

N/A

Federal Register Citation for NPRM: None

Federal Railroad Administration

57.

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

Red

Popular Title: Control of Alcohol and Drug Use

RIN 2130-AB39

Stage: Final Rule

Previous Stage: NPRM: Publication Date 12/11/2001; Public Hearing 01/23/2002; End of Comment Period 02/11/2002; Public Hearing / Extension of Comment Period 02/14/2002; End of Extended Reply Comment Period 03/14/2002; Publication Date for Extension of Comment Period 12/10/2002; Notice of Closing of Comment Period 07/28/2003; End of Extended Comment Period 08/27/2003.

Abstract: 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. FRA issued a notice (68 FR 44276) closing the comment period that had been opened until further notice. That notice also described its consultations with the governments of Canada and Mexico on the safety issues involved and the likely revisions it would make based, in part, on these consultations.

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	09/30/2003		09/16/2003
To OMB	10/23/2003		12/12/2003
OMB Clearance	01/22/2004
Publication Date	01/31/2004

Explanation for any delay:

N/A

Federal Register Citation for Final Rule: None

Federal Railroad Administration

58.

Occupational Noise Exposure for Railroad Operating Employees

Yellow

Popular Title: Occupational Noise

RIN 2130-AB56

Stage: NPRM

Previous Stage:None

Abstract: This rulemaking would amend FRA occupational noise standards for railroad employees whose predominant noise exposure occurs in the locomotive cab. FRA existing standard (issued in 1980) limits cab employee noise exposure to certain levels based on the duration of employee exposure. This rulemaking would modify that standard and also set out additional requirements. The rulemaking would require railroads to conduct noise monitoring and to implement a hearing conservation program for railroad operating employees whose noise exposure equals or exceeds an 8-hour time-weighted average (TWA) of 85 decibels (dB). The rulemaking would also establish design, build, and maintenance standards for new locomotives and maintenance requirements for existing locomotives. FRA expects that this rulemaking would reduce the likelihood of noise-induced hearing loss for railroad operating employees. This rulemaking was originally designated as nonsignificant.

Effects:

None

Prompting action: Statute

Legal Deadline:

None

Rulemaking Project Initiated: 06/24/1997

Dates for NPRM:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST	12/22/2003		12/22/2003
To OMB	01/23/2004
OMB Clearance	04/23/2004
Publication Date	04/30/2004
End of Comment Period	07/23/2004

Explanation for any delay:

N/A

Federal Register Citation for NPRM: None

Federal Transit Administration

Federal Transit Administration

59.

Rail Fixed Guideway Systems: State Safety Oversight

Green

Popular Title: State Safety Oversight

RIN 2132-AA76

Stage: NPRM

Previous Stage:None

Abstract: In 1995, under RIN 2132-AA39, FTA issued the final rule entitled, Rail Fixed Guideway Systems; State Safety Oversight. On December 23, 1996, under RIN 2132-AA57, FTA issued technical amendments to the final rule. Then in 2002, under RIN 2132-AA69, FTA issued a direct final rule amending the definition of accident. Because FTA received an adverse comment, the direct final rule was withdrawn and the next action was listed as undetermined while the next course of action was determined. FTA now intends to amend the rule, and has closed out RIN 2132-AA69, and opened RIN 2132-AA76, for this action. This rulemaking would add safety standards or guidance and significantly update existing rules in light of the increase in the number of state safety oversight agencies since the original FTA rule was issued.

Effects:

Federalism

Prompting action: None

Legal Deadline:

None

Rulemaking Project Initiated: 06/23/2003

Dates for NPRM:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST	09/15/2003	11/12/2003	10/27/2003
Publication Approved	02/15/2004	03/12/2004	01/22/2004
Publication Date	02/18/2004	03/19/2004
End of Comment Period	04/18/2004	05/18/2004

Explanation for any delay:

N/A

Federal Register Citation for NPRM: None

Maritime Administration

Maritime Administration

60.

Regulations To Be Followed by All Departments, Agencies and Shippers Having Responsibility To Provide a Preference for U.S.-Flag Vessels in the Shipment of Cargoes on Ocean Vessels

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; End of Extended Comment Period 4/28/1999.

Abstract: 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
To OMB			03/17/2000
Withdrawn from OMB			02/01/2001
Resubmitted to OST	05/08/2002	11/01/2002	10/24/2002
Resubmitted to OMB	06/05/2002	11/29/2002	03/18/2003
Returned by OMB			06/13/2003
Resubmitted to OMB/2		10/15/2003	11/06/2003
Returned by OMB/2			02/12/2004
OMB Clearance	09/04/2002	01/30/2004
Publication Date	09/11/2002	02/09/2004
End of Comment Period	11/13/2002	05/12/2004

Explanation for any delay:

Awaiting development of additional data
Additional coordination necessary

Federal Register Citation for NPRM: None

Maritime Administration

61.

Vessel Documentation: Lease Financing for Vessels Engaged in the Coastwise Trade; Second Rulemaking

Red

Popular Title: Joint Lease Financing

RIN 2133-AB51

Stage: NPRM

Previous Stage:None

Abstract: This is a joint MARAD/Coast Guard rule. The Maritime Administration (MARAD) proposes to amend its regulations to require MARAD's approval of all transfers of the use of a lease-financed vessel engaged in the coastwise trade back to the vessel's foreign owner, the parent of the owner, a subsidiary or affiliate of the parent, or an officer, director, or shareholder of one of them. In 1992, MARAD amended its regulations to grant general approval for time charters of U.S.-flag vessels to charterers that were not U.S. citizens (non-citizens) and to eliminate MARAD's review of these time charters. The lease-financing provisions potentially allow a non-citizen to exert additional control over a vessel operated in the coastwise trade by becoming the owner of the vessel and time chartering the vessel back to itself or to a related entity through an intermediate U.S. citizen bareboat charterer. MARAD's review of charter arrangements in the limited circumstances where the time charterer is related to the non-citizen vessel owner will ensure that U.S. Citizens maintain control over vessels operating in the coastwise trade. The NPRM was withdrawn from OMB to await submission of a companion United States Coast Guard rule, so that the two may be reviewed together by OMB.

Effects:

None

Prompting action: None

Legal Deadline:

None

Rulemaking Project Initiated: 03/04/2003

Dates for NPRM:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST	04/28/2003	04/30/2003	04/30/2003
Returned to Mode			05/13/2003
Resent to OST			06/15/2003
Returned to Mode/2			07/01/2003
Resubmitted to OST/2			07/22/2003
To OMB	05/26/2003		09/05/2003
Withdrawn from OMB			09/29/2003
Resubmitted to OMB/2		10/15/2003	10/23/2003
OMB Clearance	08/26/2003	01/23/2004	01/21/2004
Publication Date	09/05/2003	02/05/2004	02/04/2004
End of Comment Period	12/05/2003	05/05/2004	05/04/2004

Explanation for any delay:

Additional coordination necessary

Federal Register Citation for NPRM: None

National Highway Traffic Safety Administration

National Highway Traffic Safety Administration

62.

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

Red

Popular Title: Fuel Economy Standards

RIN 2127-AG97

Stage: Final Rule

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

Abstract: 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		09/30/2003
Returned to Mode			01/06/2004
To OMB	03/17/2003	05/07/2004
OMB Clearance	06/17/2003	08/06/2004
Publication Date	07/01/2003	08/14/2004

Explanation for any delay:

Unanticipated issues requiring further analysis

Federal Register Citation for Final Rule: None

National Highway Traffic Safety Administration

63.

FMVSS: Head Restraints (Height and Distance Requirements)

Red

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.

Abstract: 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. It 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 some aspects of the counterpart regulation of the Economic Commission for Europe.

Effects:

Economically Significant
Major
Unfunded Mandate
Regulatory Flexibility Act

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	06/30/2004
To OMB	03/03/2003	07/30/2004
OMB Clearance	06/03/2003	10/29/2004
Publication Date	06/08/2003	11/08/2004

Explanation for any delay:

Unanticipated issues requiring further analysis

Federal Register Citation for Final Rule: None

National Highway Traffic Safety Administration

64.

Frontal Offset Protection

Yellow

Popular Title: Frontal Offset

RIN 2127-AH73

Stage: Request for Comments

Previous Stage:None

Abstract: 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 Request for Comments:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST	10/10/2003		10/16/2003
To OMB	11/14/2003		12/05/2003
OMB Clearance	02/16/2004		01/26/2004
Publication Date	02/24/2004		02/03/2004
End of Comment Period	04/24/2004		04/05/2004

Dates for NPRM:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST	04/01/2003	08/22/2004
To OMB	05/01/2003	09/22/2004
OMB Clearance	08/01/2003	12/22/2004
Publication Date	08/08/2003	12/27/2004
End of Comment Period	10/08/2003	02/27/2005

Explanation for any delay:

Unanticipated impacts requiring further analysis

Federal Register Citation for Request for Comments: 69 FR 5108

National Highway Traffic Safety Administration

65.

Automotive Fuel Economy Manufacturing Incentives for Alternative Fuel Vehicles

Red

Popular Title: Alternative Fuel Vehicles

RIN 2127-AI41

Stage: Final Rule

Previous Stage: NPRM: Publication Date 03/11/2002; End of Comment Period 04/10/2002.

Abstract: To provide an incentive for the production of vehicles that can operate on certain alternative fuels as well as on regular petroleum fuels, Congress established a special procedure for calculating the fuel economy of those vehicles for the purpose of determining compliance with the Corporate Average Fuel Economy standards. This rulemaking would increase the fuel economy attributed to such dual-fuel vehicles. By statute, the incentive is available through the 2004 model year and may be extended by up to four additional years through rulemaking. This rulemaking would extend the availability of the incentive by four years, i.e., though the 2008 model year. Prior to publishing this NPRM, we will be publishing a Request for Comments pertaining to this rulemaking. The Request for Comments is intended to inform the public and solicit comments on the recent testing conducted by the agency.

Effects:

Economically Significant
Major
Regulatory Flexibility Act

Prompting action: Statute

Legal Deadline:

None

Rulemaking Project Initiated: 10/03/2001

Dates for Final Rule:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST	12/31/2002	10/17/2003	10/06/2003
To OMB	01/18/2003	01/02/2004	01/07/2004
OMB Clearance	04/19/2003	04/02/2004	02/11/2004
Publication Date	05/19/2003	04/15/2004	02/19/2004

Explanation for any delay:

Additional coordination necessary

Federal Register Citation for Final Rule: 69 FR 7689

National Highway Traffic Safety Administration

66.

Event Data Recorders

Green

Popular Title: Event Data Recorders

RIN 2127-AI72

Stage: NPRM

Previous Stage: Request for Comments: Publication Date 10/11/2002; End of Comment Period 01/09/2003.

Abstract: This rulemaking would address event data recorders (EDRs), i.e., devices that record information about motor vehicles involved in crashes. Manufacturers have been voluntarily installing EDRs as standard equipment in increasingly larger numbers of light vehicles in recent years. They are now being installed in the vast majority of new vehicles. The information collected by EDRs aids investigations of the causes of crashes and injuries, and makes it possible to better define and address safety problems. The information can be used to improve motor vehicle safety systems and standards. The rulemaking would not require the installation of EDRs in any motor vehicles. It would consider requirements for voluntarily installed EDRs, including ones for a minimum set of specified data elements and for data format.

Effects:

None

Prompting action: None

Legal Deadline:

None

Rulemaking Project Initiated: 07/12/2002

Dates for NPRM:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST	09/08/2004	12/19/2003	12/19/2003
To OMB	10/08/2004	01/20/2004
OMB Clearance	01/08/2005	04/20/2004
Publication Date	01/13/2005	04/27/2004
End of Comment Period	03/13/2005	06/28/2004

Explanation for any delay:

N/A

Federal Register Citation for NPRM: None

National Highway Traffic Safety Administration

67.

Federal Motor Vehicle Safety Standards, Occupant Crash Protection

Green

Popular Title: Occupant Crash Protection

RIN 2127-AI91

Stage: Final Rule

Previous Stage: NPRM: Publication Date 08/06/2003; End of Comment Period 10/06/2003.

Abstract: This rulemaking would require that all designated seating positions in rear seats be equipped with integral lap/shoulder safety belts.

Effects:

Economically Significant
Major
Unfunded Mandate

Prompting action: Statute

Legal Deadline:

None

Rulemaking Project Initiated: 12/07/2002

Dates for Final Rule:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST	08/27/2004
To OMB	09/24/2004
OMB Clearance	12/24/2004
Publication Date	12/31/2004

Explanation for any delay:

N/A

Federal Register Citation for Final Rule: None

National Highway Traffic Safety Administration

68.

Side Impact Protection Upgrade - FMVSS No. 214

Yellow

Popular Title: Side Impact Protection Upgrade

RIN 2127-AJ10

Stage: NPRM

Previous Stage:None

Abstract: NHTSA is considering amending FMVSS No. 214 to add a vehicle-to-pole impact test in order to reduce the number of fatal and serious head injuries in side crashes.

Effects:

Economically Significant
Major
Unfunded Mandate
Regulatory Flexibility Act

Prompting action: None

Legal Deadline:

None

Rulemaking Project Initiated: 06/28/2002

Dates for NPRM:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST	11/14/2003		11/03/2003
To OMB	12/12/2003		02/10/2004
OMB Clearance	03/12/2004
Publication Date	03/22/2004
End of Comment Period	05/22/2004

Explanation for any delay:

N/A

Federal Register Citation for NPRM: None

National Highway Traffic Safety Administration

69.

Reforming the Automobile Fuel Economy Standards Program

Green

Popular Title: Reforming CAFE

RIN 2127-AJ17

Stage: ANPRM

Previous Stage:None

Abstract: This rulemaking addresses various issues relating to the corporate average fuel economy (CAFE) program. In particular, it addresses possible enhancements to the program that will assist in furthering fuel conservation while protecting motor vehicle safety and American jobs. The agency is particularly interested in improvements to the structure of the CAFE program authorized under current statutory authority.

Effects:

Economically Significant
Major
Unfunded Mandate

Prompting action: None

Legal Deadline:

None

Rulemaking Project Initiated: 04/01/2003

Dates for ANPRM:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST	10/10/2003		10/14/2003
To OMB	11/11/2003	11/18/2003	11/21/2003
OMB Clearance	02/11/2004	02/18/2004	12/19/2003
Publication Date	02/18/2004	02/25/2004	12/29/2003
End of Comment Period	04/19/2004	04/26/2004	04/27/2004

Explanation for any delay:

N/A

Federal Register Citation for ANPRM: 68 FR 74908

National Highway Traffic Safety Administration

70.

Tire Pressure Monitoring Systems

Green

Popular Title: TPMS

RIN 2127-AJ23

Stage: NPRM

Previous Stage:None

Abstract: The Transportation Recall Enhancement Accountability and Documentation (TREAD) Act required the Secretary of Transportation to initiate rulemaking to require a warning system in new motor vehicles to indicate to the operator when a tire is significantly under-inflated. The agency issued a final rule for tire pressure monitoring systems (TPMS) (establishing FMVSS No. 138) on June 5, 2002; however, that version of the standard was vacated by a decision issued by the U.S. Court of Appeals for the Second Circuit in August 2003. The agency will now take rulemaking action to re-establish FMVSS No. 138, in a manner consistent with the court's decision, and provide a new phase-in period. This rulemaking replaces 2127-AI90 and 2127-AI33, which was terminated due to the August Second Circuit decision.

Effects:

Economically Significant
Major
Unfunded Mandate

Prompting action: Statute

Legal Deadline:

None

Rulemaking Project Initiated: 08/06/2003

Dates for NPRM:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST	02/27/2004
To OMB	03/26/2004
OMB Clearance	06/25/2004
Publication Date	07/05/2004
End of Comment Period	09/06/2004

Explanation for any delay:

N/A

Federal Register Citation for NPRM: None

Office of the Secretary

Office of the Secretary

71.

Accessibility of Passenger Vessels to Individuals with Disabilities

Black

Popular Title: Accessibility-passenger vessels

RIN 2105-AB87

Stage: NPRM

Previous Stage:None

Abstract: The Department's Americans with Disabilities Act (ADA) final rule, published September 6, 1991, reserved portions of the rule concerning passenger vessels. The ADA covers passenger vessels, but issuing accessibility requirements for vessels involves complex issues unlike those affecting land transportation. This rulemaking would address these issues and propose feasible requirements to make passenger vessels accessible to, and usable by, individuals with disabilities. Timing of this rulemaking is dependent on action by the Architectural and Transportation Barriers Compliance Board (Access Board) to adopt accessibility guidelines for passenger vessels. The Access Board has advised DOT that its guidelines on passenger vessels will be delayed, at least through 2004, as it completes other, higher priorities.

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

72.

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 05/30/1997; End of Reopened Comment Period 06/20/1997.

Abstract: 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

73.

Aviation Data Requirements Review and Modernization Program

Yellow

Popular Title: Aviation Data

RIN 2105-AC71

Stage: NPRM

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

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

Effects:

Regulatory Flexibility Act

Prompting action: None

Legal Deadline:

None

Rulemaking Project Initiated: 04/15/1998

Dates for NPRM:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST	01/30/2004	05/31/2004
To OMB	03/04/2004	06/30/2004
OMB Clearance	06/04/2004	09/28/2004
Publication Date	06/12/2004	10/12/2004
End of Comment Period	08/12/2004	12/11/2004

Explanation for any delay:

N/A

Federal Register Citation for NPRM: None

Office of the Secretary

74.

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.

Abstract: 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. The Department of Transportation has written to urge OMB to expedite production of guidance on this subject.

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

75.

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

Green

Popular Title: Fitness

RIN 2105-AD25

Stage: ANPRM

Previous Stage:None

Abstract: In response to a report by the Inspector General of the Department of Transportation, the Department is asking for comments on two issues relating to air carrier continuing fitness determinations involving citizenship issues. First, the Inspector General identified a list of criteria the Department typically uses to determine actual control of an air carrier when evaluating the citizenship of an air carrier during a continuing fitness review. The Department is seeking comment on whether there are any other factors or criteria the Department routinely considers in its evaluations that should be added to this list. Second, the Department seeks comments on the need for a regulatory change to the requirements of 14 CFR part 204 applicable to certificated and commuter air carriers proposing to undergo a substantial change in operations, ownership, or management that may impact their U.S. citizenship status. The Inspector General found that the Department's informal process is not well-suited to complex, contentious, and controversial cases involving citizenship determinations and suggested that the Department allow greater transparency and public participation in such matters, including public notice when such a review is initiated and completed, as well as public access to information filed with the Department during such reviews. There is no next stage at this point because OST is currently reviewing filed comments. The Department is considering what, if any, additional action to take in this rulemaking.

Effects:

None

Prompting action: None

Legal Deadline:

None

Rulemaking Project Initiated: 02/13/2003

Dates for ANPRM:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST	04/09/2003		04/09/2003
To OMB	05/09/2003		07/17/2003
OMB Clearance	06/09/2003		07/24/2003
Publication Date	06/16/2003		07/30/2003
End of Comment Period	08/16/2003		09/29/2003

Explanation for any delay:

N/A

Federal Register Citation for ANPRM: 68 FR 44675

Office of the Secretary

76.

Protection of Sensitive Security Information (SSI)

Red

Popular Title: SSI

RIN 2105-AD33

Stage: Interim Final Rule

Previous Stage:None

Abstract: The rule would protect the confidentiality of SSI relating to maritime security measures adopted by the Coast Guard under the Maritime Transportation Security Act. The rule would prohibit unauthorized disclosures and impose civil penalties for violations. Under the rule, the Transportation Security Administration designates what information is SSI. TSA is handling the clearance of this rulemaking at OMB.

Effects:

None

Prompting action: None

Legal Deadline:

None

Rulemaking Project Initiated: 09/02/2002

Dates for Interim Final Rule:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST	06/25/2003		06/25/2003
Approved by S-1			11/14/2003
Publication Date	07/29/2003
End of Comment Period	09/30/2003

Explanation for any delay:

Additional coordination necessary

Federal Register Citation for Interim Final Rule: None

Research and Special Programs Administration

Research and Special Programs Administration

77.

Safeguarding Food from Contamination During Transportation

Red

Popular Title: Sanitary Food

RIN 2137-AC00

Stage: Withdrawal

Previous Stage: ANPRM: Publication Date 02/20/1991; End of Comment Period 03/26/1991. NPRM: Publication Date 05/21/1993; End of Comment Period 10/18/1993.

Abstract: This rulemaking would have implemented 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. Previously, RSPA was planning to publish an SNPRM on this topic by January 15, 2005. Now RSPA is considering withdrawing this rulemaking because it believes that food safety issues related to transportation are more properly addressed by the Federal agencies with primary responsibility for food safety and security. The withdrawal notice will identify existing Federal regulations addressing the safe transportation of food.

Effects:

None

Prompting action: Statute

Legal Deadline:

Final rule due by : 08/01/1991

Rulemaking Project Initiated: 10/21/1990

Dates for Withdrawal:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST	12/16/2003		12/16/2003
Returned to Mode			01/12/2004
Publication Approved	01/09/2004
Publication Date	01/16/2004

Explanation for any delay:

Awaiting outcome of pending legislation

Federal Register Citation for Withdrawal: None

Research and Special Programs Administration

78.

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.

Abstract: 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	09/30/2003	09/15/2003
Returned to Mode			09/16/2003
Resubmitted to OST		09/16/2003	09/16/2003
Returned to Mode/2			10/07/2003
Resubmitted to OST/2		02/24/2004
To OMB	06/03/2002	03/19/2004
OMB Clearance	09/06/2002	06/19/2004
Publication Date	09/13/2002	06/26/2004

Explanation for any delay:

Unanticipated issues requiring further analysis

Federal Register Citation for Final Rule: None

Research and Special Programs Administration

79.

Hazardous Materials: Transportation of Oxygen Cylinders on Aircraft

Green

Popular Title: Oxygen Cylinders

RIN 2137-AD33

Stage: NPRM

Previous Stage:None

Abstract: 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 NPRM:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST	11/21/2003		11/17/2003
To OMB	12/22/2003		01/14/2004
OMB Clearance	03/22/2004
Publication Date	03/29/2004
End of Comment Period	05/27/2004

Explanation for any delay:

N/A

Federal Register Citation for NPRM: None

Research and Special Programs Administration

80.

External Product Piping on Cargo Tanks Transporting Flammable Liquids

Red

Popular Title: Wetlines Rule

RIN 2137-AD36

Stage: NPRM

Previous Stage: ANPRM: Publication Date 02/10/2003; End of Comment Period 06/10/2003.

Abstract: 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). RSPA had earlier planned to publish an NPRM by July 2002. This rulemaking responds to an NTSB recommendation. We are in the process of preparing a regulatory evaluation based on comments received in response to the ANPRM. We anticipate that rulemaking action may be taken in January 2004.

Effects:

Economically Significant
Major
Unfunded Mandate
Regulatory Flexibility Act
EIS

Prompting action: None

Legal Deadline:

None

Rulemaking Project Initiated: 01/19/2000

Dates for NPRM:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST	12/05/2003	03/23/2004
To OMB	01/05/2004	04/26/2004
OMB Clearance	04/05/2004	07/26/2004
Publication Date	04/12/2004	08/02/2004
End of Comment Period	06/12/2004	10/01/2004

Explanation for any delay:

Additional coordination necessary

Federal Register Citation for NPRM: None

Research and Special Programs Administration

81.

Hazardous Materials; Transportation of Lithium Batteries

Red

Popular Title: Lithium Batteries

RIN 2137-AD48

Stage: Final Rule

Previous Stage: NPRM: Publication Date 4/02/2002; End of Comment Period 6/02/2002.

Abstract: This rulemaking would amend the Hazardous Materials Regulations (HMR) regarding the transportation of lithium batteries. These amendments are consistent with changes recently made to the United Nations Recommendations on the Transport of Dangerous Goods (UN Recommendations). These amendments will increase the level of safety associated with the transportation of lithium batteries and facilitate the transport of these materials in international commerce.

Effects:

None

Prompting action: None

Legal Deadline:

None

Rulemaking Project Initiated: 04/02/2002

Dates for Final Rule:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST	03/05/2003	03/05/2003	03/05/2003
To OMB	04/09/2003	06/09/2003	06/06/2003
Returned by OMB			08/22/2003
Returned To OMB		01/30/2004
OMB Clearance	07/09/2003	03/15/2004
Publication Date	07/16/2003	03/22/2004

Explanation for any delay:

Additional coordination necessary

Federal Register Citation for Final Rule: None