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:

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

Green

Popular Title: Domestic Passenger Manifest

RIN 2105-AC62

Stage: Withdrawal

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. This rulemaking will be withdrawn in the next Unified Agenda of Federal Regulatory and Deregulatory Actions.

Effects:

Major
Unfunded Mandate
Regulatory Flexibility Act

Prompting action: Statute

Legal Deadline:

None

Rulemaking Project Initiated: 10/01/1996

Dates for Withdrawal:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST	05/03/2004
Publication Approved	05/25/2004
Publication Date	06/01/2004

Explanation for any delay:

N/A

Federal Register Citation for Withdrawal: 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:

None

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 rulemaking 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.

Nondiscrimination on the Basis of Disability in Air Travel

Green

Popular Title: ACAA - Foreign Carriers

RIN 2105-AC97

Stage: NPRM

Previous Stage:None

Abstract: This rulemaking would add coverage under the Air Carrier Access Act to foreign air carriers and comprehensively update and revise 14 CFR Part 382. It would also clarify or propose new provisions in such areas as movable aisle armrests, preboarding announcements, and accessibility of carrier web sites. This rulemaking has been upgraded to significant.

Effects:

None

Prompting action: Statute

Legal Deadline:

None

Rulemaking Project Initiated: 04/16/2003

Dates for NPRM:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST	04/17/1997		04/17/2003
Resubmitted to OST		05/25/2004
To OMB	06/15/2004	06/25/2004
OMB Clearance	09/15/2004	09/25/2004
Publication Date	08/11/2003	10/02/2004
End of Comment Period	11/11/2003	01/02/2005

Explanation for any delay:

N/A

Federal Register Citation for NPRM: 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: This rulemaking 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 under RIN # 1652-AA08.

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
Publication Approved	07/25/2003		04/07/2004
Publication Date	07/29/2003	04/14/2004
End of Comment Period	09/30/2003	06/14/2004

Explanation for any delay:

Additional coordination necessary

Federal Register Citation for Interim Final Rule: None

Office of the Secretary

77.

Policy on Price Advertising

Yellow

Popular Title: Price Advertising

RIN 2105-AD37

Stage: Withdrawal

Previous Stage:None

Abstract: As part of the CRS NPRM, the Department had proposed to amend its existing policy statement on fare advertising, 14 C.F.R.399.84, which requires airlines and travel agents to disclose the full price for an airline ticket (including all airline surcharges and most government fees) by (i)applying the policy statement to computer reservation systems ("CRSs" or "systems") and (ii)requiring travel agents to separately state the amount of any service fees charged by the travel agency. After considering the comments, the Department has decided not to adopt either proposal, because the record does not persuasively show that they are necessary or would be beneficial. The existing policy statement will remain in effect without change. This RIN was formerly part of RIN 2105-AC65.

Effects:

None

Prompting action: None

Legal Deadline:

None

Rulemaking Project Initiated: 02/10/2004

Dates for Withdrawal:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST	02/10/2004	02/12/2004	02/12/2004
Publication Approved	04/01/2004		04/14/2004
Publication Date	03/24/2004	04/08/2004	04/21/2004

Explanation for any delay:

N/A

Federal Register Citation for Withdrawal: 69 FR 21450

Office of the Secretary

78.

Navigation of Foreign Civil Aircraft within the United States (14 CFR Part 375)

Green

Popular Title: Foreign Civil Aircraft

RIN 2105-AD39

Stage: NPRM

Previous Stage:None

Abstract: Under Part 375 of the Departments regulations, 14 CFR Part 375, which provides for the operation in the United States of foreign civil aircraft which are not engaged in common carriage, persons or entities seeking to operate foreign civil aircraft within the United States involving the carriage of persons, property and mail for remuneration or hire must obtain a foreign aircraft permit from the Department of Transportation under that Part. On May 16, 2003, the National Business Aircraft Association (NBAA), a trade association that represents many business aircraft operators throughout the United States, wrote to the Department requesting a policy determination that certain types of operations that its representative companies might perform using U.S.-registered foreign civil aircraft (such as carriage of a companys own officials and guests, or aircraft time-sharing, interchange or joint ownership arrangements between companies) do not, in fact, constitute operations for remuneration or hire within the meaning of Part 375. The NBAA noted that a favorable response would eliminate the need for the companies involved to secure a permit for such operations. The Department of Transportation is now proposing to amend 14 CFR Part 375 to clarify those circumstances under which companies operating U.S.-registered foreign civil aircraft are not deemed to be involved in air commerce for remuneration or hire and therefore are not required under Part 375 to obtain a foreign aircraft permit. On April 27, 2004, OMB designated this rule as significant.

Effects:

None

Prompting action: None

Legal Deadline:

None

Rulemaking Project Initiated: 05/16/2003

Dates for NPRM:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST	03/22/2004
To OMB	05/26/2004
OMB Clearance	08/26/2004
Publication Date	09/09/2004
End of Comment Period	11/10/2004

Explanation for any delay:

N/A

Federal Register Citation for NPRM: None