Report on DOT Significant Rulemakings

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 Undetermined:

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

Explanation for any delay:

N/A

Federal Register Citation for Undetermined: None

Office of the Secretary

71.

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

72.

Aviation Data Requirements Review and Modernization Program

Red

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:

Unanticipated impacts requiring further analysis

Federal Register Citation for NPRM: None

Office of the Secretary

73.

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

74.

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

75.

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