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	12/01/2004
To OMB	07/26/2004	01/03/2005
OMB Clearance	10/26/2004	04/04/2005
Publication Date	11/09/2004	04/09/2005

Explanation for any delay:

Additional coordination necessary

Federal Register Citation for Final Rule: None

Federal Aviation Administration

Drug Enforcement Assistance

Black

Popular Title: Drug Enf Assistance

RIN 2120-AD16

Stage: Undetermined

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

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:

None

Prompting action: Statute

Legal Deadline:

None

Rulemaking Project Initiated: 11/18/1988

Dates for Undetermined:

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

Explanation for any delay:

N/A

Federal Register Citation for Undetermined: None

Federal Aviation Administration

Aging Aircraft Safety

Green

Popular Title: Aging Aircraft

RIN 2120-AE42

Stage: Final Rule

Previous Stage: NPRM: Publication Date 10/05/1993; End of Comment Period 02/02/1994; Reopening Comment Period 02/08/1994; End of Reopened Comment Period 3/04/1994. NPRM/2: Publication Date 4/02/1999; End of Comment Period 8/02/1999; Reopening of Comment Period 8/18/1999; End of Reopened Comment Period 10/08/1999. Interim Final Rule: Publication Date 12/06/2002; End of Comment Period 02/04/2003.

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:

None

Rulemaking Project Initiated: 10/28/1991

Dates for Final Rule:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST	02/11/2005
To OMB	03/11/2005
OMB Clearance	06/10/2005
Publication Date	06/24/2005

Explanation for any delay:

N/A

Federal Register Citation for Final Rule: None

Federal Aviation Administration

Corrosion Prevention and Control Program

Green

Popular Title: Corrosion Control

RIN 2120-AE92

Stage: Withdrawal

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. The FAA believes that the safety objectives of this rule can be accomplished by other means, including other rulemakings.

Effects:

None

Prompting action: Statute

Legal Deadline:

None

Rulemaking Project Initiated: 10/28/1991

Dates for Withdrawal:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST	06/02/2004
Publication Approved	09/27/2004
Publication Date	10/01/2004

Explanation for any delay:

N/A

Federal Register Citation for Withdrawal: None

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	05/28/2004
To OMB	01/02/2003	06/25/2004
OMB Clearance	04/02/2003	09/24/2004
Publication Date	04/09/2003	10/01/2004

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

Black

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:

N/A

Federal Register Citation for Undetermined: None

Federal Aviation Administration

False and Misleading Statements Regarding Aircraft Parts

Green

Popular Title: False Statements Plane Parts

RIN 2120-AG08

Stage: Final Rule

Previous Stage: NPRM: Publication Date 05/05/2003; End of Comment Period 08/04/2003.

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 Final Rule:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST	07/27/2004
To OMB	08/24/2004
OMB Clearance	11/24/2004
Publication Date	12/10/2004

Explanation for any delay:

N/A

Federal Register Citation for Final Rule: None

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 would 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:

None

Prompting action: Statute

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	09/02/2004
To OMB	09/29/2004	09/30/2004
OMB Clearance	12/28/2004	12/30/2004
Publication Date	01/06/2005	01/23/2005

Explanation for any delay:

N/A

Federal Register Citation for Final Rule: None

Federal Aviation Administration

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

10.

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:

None

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

11.

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 amend the FAA's 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 current 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

12.

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: This 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. The proposed action 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		04/30/2004
Resubmitted to OMB		05/07/2004
OMB Clearance	07/28/2000	09/16/2004
Publication Date	08/11/2000	09/23/2004

Explanation for any delay:

Unanticipated issues requiring further analysis

Federal Register Citation for Final Rule: None

Federal Aviation Administration

13.

Flight Simulation Device Qualification

Yellow

Popular Title: Simulator Qualification (Part 60)

RIN 2120-AH07

Stage: Final Rule

Previous Stage: NPRM: Publication Date 09/25/2002; End of Comment Period 12/24/2002; Extension of Comment Period 11/15/2002; 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 various parts of FAA's regulations and 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

14.

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: 01/21/2001

Dates for Final Rule:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST	02/28/2003	07/31/2003	07/31/2003
Resubmitted to OST			08/05/2003
To OMB	03/28/2003	01/30/2004	12/24/2003
Withdrawn from OMB			03/23/2004
OMB Clearance	07/01/2003	03/24/2004
Publication Date	07/08/2003	04/05/2004

Explanation for any delay:

Unanticipated issues requiring further analysis

Federal Register Citation for Final Rule: None

Federal Aviation Administration

15.

Transponder Continuous Operation

Black

Popular Title: Transponder Continuous Operation

RIN 2120-AH67

Stage: Undetermined

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 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

16.

Security Considerations for the Flightdeck on Foreign Operated Transport Category Airplanes

Black

Popular Title: Flightdeck Security (Part 129)

RIN 2120-AH70

Stage: Undetermined

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 rulemaking would amend 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 contained a request for public comments.

Effects:

None

Prompting action: None

Legal Deadline:

None

Rulemaking Project Initiated: 01/15/2002

Dates for Undetermined:

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

Explanation for any delay:

N/A

Federal Register Citation for Undetermined: None

Federal Aviation Administration

17.

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

18.

Ineligibility for an Airman Certificate Based on Security Grounds

Black

Popular Title: Cert. Revocation for Security

RIN 2120-AH84

Stage: Undetermined

Previous Stage: 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 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

19.

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
Returned to Mode/3			03/12/2004
Resubmitted to OST/3			03/17/2004
Returned to Mode/4			03/18/2004
Resubmitted to OST/4			03/19/2004
Returned to Mode/5			03/19/2004
To OMB	11/04/2002	04/21/2004
OMB Clearance	02/04/2003	07/21/2004
Publication Date	02/09/2003	07/30/2004
End of Comment Period	04/09/2003	09/30/2004

Explanation for any delay:

Additional coordination necessary

Federal Register Citation for NPRM: None

Federal Aviation Administration

20.

Flight Deck Security on Large Cargo Airplanes

Black

Popular Title: Large Cargo Airplanes

RIN 2120-AH96

Stage: Undetermined

Previous Stage: Final Rule with Request for Comments: Publication Date 07/18/2003; End of Comment Period 09/16/2003.

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 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

21.

Stage 4 Aircraft Noise Standards

Black

Popular Title: Stage 4

RIN 2120-AH99

Stage: Undetermined

Previous Stage: NPRM: Publication Date 12/01/2003; End of Comment Period 03/01/2004.

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 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

22.

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 Aviation Administration

23.

Aging Aircraft Program (Widespread Fatigue Damage)

Green

Popular Title: Widespread Fatigue

RIN 2120-AI05

Stage: NPRM

Previous Stage:None

Abstract: This rulemaking would require incorporation of a program to preclude widespread fatigue damage into the FAA-approved maintenance program of each operator of large transport category airplanes. This action is the result of concern for the continued operational safety of airplanes that are approaching or have exceeded their design service goal. The proposed rulemaking would require a limit of validity in flight cycles or hours of the structural maintenance program, where the operator must incorporate added inspections and/or modification/replacement actions into its maintenance program to allow continued operation.

Effects:

None

Prompting action: None

Legal Deadline:

None

Rulemaking Project Initiated: 06/15/1999

Dates for NPRM:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST	11/01/2004
To OMB	11/29/2004
OMB Clearance	03/01/2005
Publication Date	03/15/2005
End of Comment Period	05/13/2005

Explanation for any delay:

N/A

Federal Register Citation for NPRM: None

Federal Aviation Administration

24.

Flightdeck Door Monitoring and Crew Discreet Alerting System

Red

Popular Title: Crew Monitoring

RIN 2120-AI16

Stage: NPRM

Previous Stage:None

Abstract: This rulemaking would require passenger-carrying transport category airplanes used in domestic, flag, and supplemental operations to have a means to allow flightcrew to visually monitor the door area outside the flightdeck. This would allow flightcrew to identify persons requesting entry into the flightdeck, and to detect suspicious behavior or potential threats. In addition, the FAA propose that for operations requiring the presence of flight attendants, that the flight attendants have a means to discreetly notify the flightcrew of suspicious activity or security breaches in the cabin. The proposed changes address standards adopted by the International Civil Aviation Organization following the September 11, 2001, terrorist attacks.

Effects:

None

Prompting action: None

Legal Deadline:

None

Rulemaking Project Initiated: 08/22/2002

Dates for NPRM:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST	06/14/2003	04/01/2004	03/25/2004
To OMB	08/19/2003	04/29/2004
OMB Clearance	10/18/2003	07/29/2004
Publication Date	10/29/2003	08/20/2004
End of Comment Period	12/29/2003	10/20/2004

Explanation for any delay:

Additional coordination necessary
Other, higher priorities

Federal Register Citation for NPRM: None

Federal Aviation Administration

25.

Washington, DC Metropolitan Area Special Flight Rules Area

Red

Popular Title: DC Flight Rules

RIN 2120-AI17

Stage: NPRM

Previous Stage:None

Abstract: This rulemaking would codify existing NOTAMS and the current SFAR 94 that restrict operations in the Washington DC metropolitan area airspace for national security reasons.

Effects:

Regulatory Flexibility Act

Prompting action: None

Legal Deadline:

None

Rulemaking Project Initiated: 08/18/2003

Dates for NPRM:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST	01/27/2003	05/31/2004
To OMB	02/24/2004	06/28/2004
OMB Clearance	05/21/2004	09/24/2004
Publication Date	06/04/2004	10/08/2004
End of Comment Period	08/04/2004	12/08/2004

Explanation for any delay:

Additional coordination necessary

Federal Register Citation for NPRM: None

Federal Aviation Administration

26.

Transport Airplane Fuel Tank Flammability Reduction

Green

Popular Title: Fuel Tank Flammability

RIN 2120-AI23

Stage: NPRM

Previous Stage:None

Abstract: This rulemaking would require that flammability reduction means be incorporated into existing airplanes, newly manufactured airplanes, and new designs. It would also propose new design standards for future and pending applications for type certification as well as new operating rules for retrofitting existing airplanes.

Effects:

Regulatory Flexibility Act

Prompting action: None

Legal Deadline:

None

Rulemaking Project Initiated: 03/26/2004

Dates for NPRM:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST	09/22/2004
To OMB	10/22/2004
OMB Clearance	01/21/2005
Publication Date	01/28/2005
End of Comment Period	03/28/2005

Explanation for any delay:

N/A

Federal Register Citation for NPRM: None

Federal Highway Administration

Federal Highway Administration

27.

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:

N/A

Federal Register Citation for Final Rule: None

Federal Highway Administration

28.

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

Red

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:

Major

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	03/08/2004	03/10/2004
To OMB	03/05/2004	04/08/2004
OMB Clearance	06/04/2004	06/08/2004
Publication Date	05/26/2004	06/15/2004
End of Comment Period	07/26/2004	08/06/2004

Explanation for any delay:

Unanticipated issues requiring further analysis

Federal Register Citation for NPRM: None

Federal Motor Carrier Safety Administration

Federal Motor Carrier Safety Administration

29.

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 rule is closely related to work now being conducted by Department of Homeland Security on determining a biometric convention.

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:

Unanticipated impacts requiring further analysis
Other, higher priorities

Federal Register Citation for NPRM: None

Federal Motor Carrier Safety Administration

30.

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. 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	05/27/2004
To OMB	03/15/2003	06/29/2004
OMB Clearance	06/15/2003	09/29/2004
Publication Date	06/30/2003	10/14/2004
End of Comment Period	08/30/2003	12/14/2004

Explanation for any delay:

Unanticipated impacts requiring further analysis

Federal Register Citation for NPRM: None

Federal Motor Carrier Safety Administration

31.

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		03/12/2004
OMB Clearance	05/20/2004	06/11/2004
Publication Date	05/27/2004	06/30/2004

Explanation for any delay:

Other, higher priorities

Federal Register Citation for Final Rule: None

Federal Motor Carrier Safety Administration

32.

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. Final Rule: Publication Date 3/30/04; Effective Date 6/1/04.

Abstract: This rulemaking would establish minimum training requirements for operators of multiple trailer combination vehicles and the instructors who train these operators. The proposed 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	03/28/2004	03/22/2004
Publication Date	03/22/2004	03/30/2004	03/30/2004

Explanation for any delay:

Other, higher priorities

Federal Register Citation for Final Rule: 69 FR 16722

Federal Motor Carrier Safety Administration

33.

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 10/14/03.

Abstract: This rulemaking proposes standards for mandatory training requirements for entry-level operators of commercial motor vehicles who are required to hold or obtain a commercial driver's license. This action responds to Section 4007 of the Intermodal Surface Transportation Efficiency Act of 1991, which directed the Secretary of DOT to promulgate safety regulations for entry-level training of drivers in the heavy truck, motorcoach, and school bus industries.

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		04/02/2004
Publication Date	04/22/2004

Explanation for any delay:

Other, higher priorities

Federal Register Citation for Final Rule: None

Federal Motor Carrier Safety Administration

34.

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 11/14/94.

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; however, 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	08/16/2004
To OMB	11/01/2002	09/16/2004
OMB Clearance	02/01/2003	12/16/2004
Publication Date	02/15/2003	12/31/2004
End of Comment Period	04/15/2003	02/28/2005

Explanation for any delay:

Unanticipated issues requiring further analysis

Federal Register Citation for NPRM: None

Federal Motor Carrier Safety Administration

35.

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

36.

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 rulemaking 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:

Regulatory Flexibility Act

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	06/21/2004
To OMB	03/15/2002	07/21/2004
OMB Clearance	04/24/2002	10/21/2004
Publication Date	04/30/2002	10/28/2004
End of Comment Period	07/01/2002	12/28/2004

Explanation for any delay:

Unanticipated issues requiring further analysis

Federal Register Citation for NPRM: None

Federal Motor Carrier Safety Administration

37.

Transportation of Household Goods; Consumer Protection Regulations

Green

Popular Title: Household Goods

RIN 2126-AA32

Stage: NPRM/2

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. Interim Final Rule: Publication Date 6/11/2003; End of Comment Period 8/11/2003. Interim Final Rule; Technical Amendments: Publication Date 3/5/04.

Abstract: This rulemaking 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. To allow time for the analysis the agency published an announcement of the delay the compliance date of the IFR. On March 5, 2004 the agency published technical amendments to the IFR (69 FR 10570); the technical amendments issued on March 5, 2004 also established a new compliance date of April 5, 2004 for the amended interim rule. On April 2, 2004, the agency published further technical amendments to the IFR issued on June 11, 2003. This rulemaking established the compliance date for the interim rule and the technical amendments as May 5, 2004. The agency will conduct further rulemaking to consider certain substantive amendments requested by the petitioners.

Effects:

None

Prompting action: None

Legal Deadline:

None

Rulemaking Project Initiated: 01/15/2002

Dates for NPRM/2:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST	08/27/2004
To OMB	09/27/2004
OMB Clearance	12/27/2004
Publication Date	01/05/2005
End of Comment Period	03/07/2005

Explanation for any delay:

N/A

Federal Register Citation for NPRM/2: None

Federal Motor Carrier Safety Administration

38.

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

39.

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: This rulemaking would propose 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:

Major
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

40.

New Entrant Safety Assurance Process

Green

Popular Title: New Entrant

RIN 2126-AA59

Stage: NPRM

Previous Stage: Interim Final Rule: Publication Date 05/13/2002; End of Comment Period 7/12/2002; Effective date 1/1/2003.

Abstract: This rulemaking 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. The IFR was issued on May 13, 2002. This rulemaking modifies the program as established by the IFR.

Effects:

None

Prompting action: Statute

Legal Deadline:

None

Rulemaking Project Initiated: 12/09/1999

Dates for NPRM:

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 NPRM: None

Federal Motor Carrier Safety Administration

41.

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 06/17/02; End of Extended Compliance 07/17/02.

Abstract: This rulemaking 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. On December 23, 2003 the agency published a Notice of Statutory Compliance Date giving notice that after December 31, 2003 all safety inspections, audits, and compliance reviews will be conducted by FMCSA or State employees certified under the Certification of Safety Auditor, Safety Investigators, and Safety Inspectors interim final rule or qualified under the grandfather provisions of 49 USC 31148(b).

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

42.

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	05/04/2004
To OMB	12/15/2003	06/04/2004
OMB Clearance	03/15/2004	09/03/2004
Publication Date	03/30/2004	09/10/2004

Explanation for any delay:

Other, higher priorities

Federal Register Citation for Final Rule: None

Federal Motor Carrier Safety Administration

43.

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. Currently, this rulemaking is awaiting TSA final action.

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

44.

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

Green

Popular Title: CVSA decals

RIN 2126-AA72

Stage: NPRM

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.

Effects:

None

Prompting action: None

Legal Deadline:

None

Rulemaking Project Initiated: 02/09/2002

Dates for NPRM:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST	06/14/2004
To OMB	07/14/2004
OMB Clearance	10/14/2004
Publication Date	10/20/2004
End of Comment Period	12/20/2004

Explanation for any delay:

N/A

Federal Register Citation for NPRM: None

Federal Motor Carrier Safety Administration

45.

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:

None

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

46.

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 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	01/27/2005
To OMB	08/14/2003	02/28/2005
OMB Clearance	11/14/2003	05/27/2005
Publication Date	11/28/2003	06/03/2005

Explanation for any delay:

Unanticipated issues requiring further analysis

Federal Register Citation for Final Rule: None

Federal Motor Carrier Safety Administration

47.

Brokers of Household Goods Transportation by Motor Vehicle

Green

Popular Title: Household Goods Brokers

RIN 2126-AA84

Stage: ANPRM

Previous Stage:None

Abstract: The agency has granted the American Moving and Storage Association's petition for rulemaking. The FMCSA will determine in this rulemaking whether the general property broker regulations under Part 371 have failed to protect consumers of household goods.

Effects:

None

Prompting action: None

Legal Deadline:

None

Rulemaking Project Initiated: 05/12/2003

Dates for ANPRM:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST	05/17/2004
To OMB	06/17/2004
OMB Clearance	09/17/2004
Publication Date	09/30/2004
End of Comment Period	11/30/2004

Explanation for any delay:

N/A

Federal Register Citation for ANPRM: None

Federal Motor Carrier Safety Administration

48.

Hours of Service of Drivers - Sleeper Berth Rest Period

Green

Popular Title: Sleeper Berth

RIN 2126-AA85

Stage: NPRM

Previous Stage:None

Abstract: This rulemaking would address the complex issues surrounding sleeper berth rest periods, off-duty requirements, and related matters. On November 3, 2003 the American Trucking Associations petitioned FMCSA to issue a rule to permit sleeper berth rest periods to extend maximum on-duty time limits when followed by 10 hours off-duty.

Effects:

None

Prompting action: None

Legal Deadline:

None

Rulemaking Project Initiated: 02/24/2004

Dates for NPRM:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST	09/21/2004	10/25/2004
To OMB	10/21/2004	11/24/2004
OMB Clearance	01/21/2005	02/24/2005
Publication Date	01/28/2005	03/03/2005
End of Comment Period	03/28/2005	05/03/2005

Explanation for any delay:

N/A

Federal Register Citation for NPRM: None

Federal Motor Carrier Safety Administration

49.

Inspection, Repair and Maintenance of Intermodal Container Chassis

Green

Popular Title: Intermodal Container Chassis

RIN 2126-AA86

Stage: NPRM

Previous Stage:None

Abstract: This rulemaking would propose to amend the Federal Motor Carrier Safety Regulations to require certain entities that offer intermodal container chassis for transportation in interstate commerce to: File a Motor Carrier Identification Report; display a USDOT identification number on each chassis offered for such transportation; establish a systematic inspection, repair and maintenance program to ensure the safe operating condition of each chassis; maintain documentation of the program; and provide a means for effectively responding to driver and motor carrier complaints about the condition of chassis. The rulemaking is seen as necessary to ensure the safe operation of intermodal container chassis and, to the greatest extent practicable, reduce crashes attributable in whole or in part to the mechanical condition of container chassis.

Effects:

None

Prompting action: None

Legal Deadline:

None

Rulemaking Project Initiated: 01/26/2004

Dates for NPRM:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST	09/15/2004
To OMB	10/15/2004
OMB Clearance	01/15/2005
Publication Date	01/31/2005
End of Comment Period	03/30/2005

Explanation for any delay:

N/A

Federal Register Citation for NPRM: None

Federal Motor Carrier Safety Administration

50.

Electronic On-Board Recorders for Hours-of-Service

Green

Popular Title: On-Board Recorders

RIN 2126-AA87

Stage: ANPRM

Previous Stage:None

Abstract: This rulemaking would revise FMCSA's regulations concerning the voluntary use of electronic on-board recorders to document compliance with the hours-of-service rules. FMCSA is seeking information on issues of concern to consider in developing improved performance specifications for these devices, to promote and increase voluntary use of the technology, and to ensure that the requirements will appropriately apply to emerging technologies. FMCSA has now decided to terminate the rulemaking action at this time. FMCSA believes additional research that explores potential technologies capable of effectively recording hours of service compliance has not been fully exhausted. Consequently, before deciding whether to solicit comment from the public, FMCSA would like to ensure it has the most thorough, up-to-date summary of the current state-of-the-art on the use of electronic on- board recorders.

Effects:

None

Prompting action: None

Legal Deadline:

None

Rulemaking Project Initiated: 06/02/2003

Dates for ANPRM:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST	04/29/2004	05/14/2004
To OMB	05/28/2004	06/14/2004
OMB Clearance	08/27/2004	09/14/2004
Publication Date	08/31/2004	09/21/2004
End of Comment Period	11/01/2004	11/22/2004

Explanation for any delay:

N/A

Federal Register Citation for ANPRM: None

Federal Railroad Administration

Federal Railroad Administration

51.

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:

Additional coordination necessary

Federal Register Citation for Interim Final Rule: 68 FR 70585

Federal Railroad Administration

52.

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:

Regulatory Flexibility Act
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
Withdrawn from OMB			04/08/2004
Resubmitted to OMB			04/16/2004
OMB Clearance	10/15/2002	05/30/2004
Publication Date	10/18/2002	06/07/2004

Explanation for any delay:

Unanticipated impacts requiring further analysis

Federal Register Citation for Final Rule: None

Federal Railroad Administration

53.

Locomotive Crashworthiness

Green

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
End of Comment Period	11/08/2004

Explanation for any delay:

N/A

Federal Register Citation for NPRM: None

Federal Railroad Administration

54.

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		03/18/2004
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

55.

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		03/11/2004
Publication Date	01/31/2004		04/12/2004

Explanation for any delay:

Additional coordination necessary

Federal Register Citation for Final Rule: 69 FR 19270

Federal Railroad Administration

56.

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:

Regulatory Flexibility Act

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		03/08/2004
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

57.

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 Date	02/18/2004	03/19/2004	03/09/2004
End of Comment Period	04/18/2004	05/18/2004	06/07/2004

Explanation for any delay:

N/A

Federal Register Citation for NPRM: 69 FR 11218

Maritime Administration

Maritime Administration

58.

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: Cargo Preference

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
Version 2 Submitted to OST			02/26/2004
Returned to Mode/3			03/30/2004
Resubmitted to OST
OMB Clearance	09/04/2002	04/15/2004
Publication Date	09/11/2002	07/15/2004
End of Comment Period	11/13/2002	09/15/2004

Explanation for any delay:

Additional coordination necessary
Awaiting development of additional data

Federal Register Citation for NPRM: None

Maritime Administration

59.

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 rulemaking 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: 69 FR 5403

Maritime Administration

60.

Trading Restrictions on Vessels Transferred To a Foreign Registry: Amendment of List of Prohibited Countries

Green

Popular Title: Prohibited Countries

RIN 2133-AB55

Stage: Final Rule

Previous Stage:None

Abstract: This rulemaking amends MARAD's regulations to incorporate the Department of Commerce's list by reference, in lieu of listing the individual countries, to prevent the need for future rulemakings to keep MARAD's regulations current with the prohibited countries list. The Maritime Administration (MARAD) currently prohibits the foreign transfer of an interest in or control of certain U.S. documented or previously U.S. documented vessels to an entity in the foreign countries listed in the Department of Commerce's list of prohibited countries. MARAD's regulations currently list individual countries set forth in outdated version of the Department of Commerce's list of countries. This essentially ministerial rule was upgraded by OMB because it relates to other agencies' controversial determinations of prohibited countries.

Effects:

None

Prompting action: None

Legal Deadline:

None

Rulemaking Project Initiated: 08/12/2003

Dates for Final Rule:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST	04/14/2004		04/14/2004
To OMB	05/20/2004
OMB Clearance	08/20/2004
Publication Date	08/25/2004

Explanation for any delay:

N/A

Federal Register Citation for Final Rule: None

Maritime Administration

61.

Maritime Security Program

Green

Popular Title: Maritime Security

RIN 2133-AB62

Stage: Interim Final Rule

Previous Stage:None

Abstract: This rulemaking would provide procedures to implement the provisions of Subtitle C, Title XXXV of the National Defense Authorization Act for Fiscal Year 2004, the Maritime Security Act of 2003 (MSA 2003). The MSA 2003 authorizes payments for fiscal years (FYs) 2006 through 2015 for the Maritime Security Program (MSP). The MSP establishes a fleet of active, commercially viable, privately owned vessels to meet national defense and other security requirements and to maintain a United States presence in international commercial shipping. Under section 3533 of the Maritime Security Act, MARAD has statutory authority to issue this rulemaking as an interim final rule.

Effects:

Major

Prompting action: Statute

Legal Deadline:

None

Rulemaking Project Initiated: 12/01/2003

Dates for Interim Final Rule:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST	04/02/2004		04/02/2004
To OMB	05/03/2004
OMB Clearance	08/03/2004
Publication Date	08/10/2004
End of Comment Period	10/10/2004

Explanation for any delay:

N/A

Federal Register Citation for Interim Final Rule: 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
Resubmitted to OST	06/01/2004	06/01/2004
To OMB	03/17/2003	06/22/2004
OMB Clearance	06/17/2003	09/22/2004
Publication Date	07/01/2003	09/30/2004
End of Comment Period	09/01/2003	11/30/2004

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:

Major
Unfunded Mandate

Prompting action: None

Legal Deadline:

None

Rulemaking Project Initiated: 03/01/2001

Dates for Final Rule:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST	02/01/2003	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

Red

Popular Title: Frontal Offset

RIN 2127-AH73

Stage: NPRM

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 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 NPRM: None

National Highway Traffic Safety Administration

65.

Event Data Recorders

Red

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	03/09/2004
OMB Clearance	01/08/2005	06/10/2004
Publication Date	01/13/2005	06/17/2004
End of Comment Period	03/13/2005	08/17/2004

Explanation for any delay:

Unanticipated issues requiring further analysis

Federal Register Citation for NPRM: None

National Highway Traffic Safety Administration

66.

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:

Major

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

67.

Side Impact Protection Upgrade - FMVSS No. 214

Red

Popular Title: Side Impact Protection Upgrade

RIN 2127-AJ10

Stage: NPRM

Previous Stage:None

Abstract: This rulemaking would amend 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:

Major

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	05/10/2004
Publication Date	03/22/2004	05/17/2004
End of Comment Period	05/22/2004	10/19/2004

Explanation for any delay:

Additional coordination necessary

Federal Register Citation for NPRM: None

National Highway Traffic Safety Administration

68.

Reforming the Automobile Fuel Economy Standards Program

Green

Popular Title: Reforming CAFE

RIN 2127-AJ17

Stage: ANPRM

Previous Stage:None

Abstract: This rulemaking would address 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:

Major

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

69.

Tire Pressure Monitoring Systems

Yellow

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:

Major

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	04/06/2004	04/06/2004
To OMB	03/26/2004	05/06/2004
OMB Clearance	06/25/2004	08/06/2004
Publication Date	07/05/2004	08/13/2004
End of Comment Period	09/06/2004	10/15/2004

Explanation for any delay:

N/A

Federal Register Citation for NPRM: None

Office of the Secretary

Office of the Secretary

70.

Accessibility of Passenger Vessels to Individuals with Disabilities

Black

Popular Title: Accessibility-passenger vessels

RIN 2105-AB87

Stage: Undetermined

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:

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

Research and Special Programs Administration

Research and Special Programs Administration

79.

Safeguarding Food from Contamination During Transportation

Red

Popular Title: Sanitary Food

RIN 2137-AC00

Stage: SNPRM

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 implement the Sanitary Food Transportation Act of 1990 (SFTA) by directing persons who offer for transportation or transport food in commerce by motor vehicle or rail car to comply with the applicable regulations of the U.S. Department of Agriculture (USDA) and the Food and Drug Administration of the U.S. Department of Health and Human Services (HHS). This rulemaking would be consistent with a legislative proposal submitted to Congress to transfer SFTA responsibility to HHS and reallocate food safety responsibilities among HHS, USDA, and DOT. A new notice of proposed rulemaking would take the place of a notice of proposed rulemaking issued in 1993 to which commenters expressed concern about possible duplication and overlap of existing food safety requirements. A rulemaking directing compliance with the existing requirements prescribed by other agencies for the sanitary transportation of food is consistent with DOT position that food safety issues are more properly addressed by the Federal agencies with the primary responsibility and expertise for food safety and security.

Effects:

None

Prompting action: Statute

Legal Deadline:

Final rule due by : 08/01/1991

Rulemaking Project Initiated: 10/21/1990

Dates for SNPRM:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST	04/02/2004		04/02/2004
To OMB	04/23/2004
OMB Clearance	07/23/2004
Publication Date	07/30/2004
End of Comment Period	08/30/2004

Explanation for any delay:

Awaiting outcome of pending legislation

Federal Register Citation for SNPRM: None

Research and Special Programs Administration

80.

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 finalize 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	03/12/2004
Returned to Mode/2			03/16/2004
Resubmitted to OST/3			03/25/2004
Returned to Mode/3			04/27/2004
To OMB	06/03/2002	06/01/2004
OMB Clearance	09/06/2002	09/01/2004
Publication Date	09/13/2002	09/08/2004

Explanation for any delay:

Unanticipated issues requiring further analysis

Federal Register Citation for Final Rule: None

Research and Special Programs Administration

81.

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.

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		01/28/2004
OMB Clearance	03/22/2004	04/28/2004	04/27/2004
Publication Date	03/29/2004	05/06/2004
End of Comment Period	05/27/2004	07/06/2004

Explanation for any delay:

N/A

Federal Register Citation for NPRM: None

Research and Special Programs Administration

82.

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

Effects:

Major
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	03/17/2004
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: 68 FR 6689

Research and Special Programs Administration

83.

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. The proposed 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. In August 2003, OMB returned a draft final rule for consideration of the need to perform an Initial Regulatory Flexiability Analysis (IRFA), which is presently being conducted. We anticipate publication of the IRFA for public comments in early 2005.

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
Resubmitted to OMB	10/30/2004	10/30/2004
OMB Clearance	07/09/2003	12/30/2004
Publication Date	07/16/2003	01/07/2005

Explanation for any delay:

Additional coordination necessary

Federal Register Citation for Final Rule: None

Research and Special Programs Administration

84.

Harmonization with the United Nations Recommendations, International Maritime Dangerous Goods Code, and International Civil Aviation Organization's Technical Instructions

Green

Popular Title: Harmonization w/UN, IMDG, ICAO

RIN 2137-AD92

Stage: NPRM

Previous Stage:None

Abstract: RSPA is proposing to amend the Hazardous Materials Regulations (HMR) to maintain alignment with international standards by incorporating various amendments, including changes to proper shipping names, hazard classes, packing groups, special provisions, packaging authorizations, air transport quantity limitations and vessel stowage requirements. Because of recent changes to the International Maritime Dangerous Goods Code (IMDG Code), the International Civil Aviation Organization's Technical Instructions for the Safe Transport of Dangerous Goods by Air (ICAO Technical Instructions), and the United Nations Recommendations on the Transport of Dangerous Goods (UN Recommendations), these revisions are necessary to facilitate the transport of hazardous materials in international commerce.

Effects:

None

Prompting action: None

Legal Deadline:

None

Rulemaking Project Initiated: 09/04/2003

Dates for NPRM:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST	05/28/2004
To OMB	07/01/2004
OMB Clearance	09/29/2004
Publication Date	10/06/2004
End of Comment Period	12/06/2004

Explanation for any delay:

N/A

Federal Register Citation for NPRM: None

Research and Special Programs Administration

85.

Harmonization with the United Nations Recommendations, International Maritime Dangerous Goods Code, and International Civil Aviation Organization's Technical Instructions.

Green

Popular Title: Harmonization w/UN, IMDG, ICAO; appeals response

RIN 2137-AD94

Stage: Final Rule

Previous Stage:None

Abstract: On July 31, 2003, RSPA published a final rule under Docket Number RSPA-2002-13658 (HM-215E) amending the Hazardous Materials Regulations (HMR) based on corresponding provisions of international standards. The revisions were made to facilitate the transportation of hazardous materials in international commerce. In response to appeals submitted by persons affected by the July 31, 2003 final rule, this final rule amends certain requirements. This final rule also corrects errors in the July 31, 2003 final rule.

Effects:

None

Prompting action: None

Legal Deadline:

None

Rulemaking Project Initiated: 08/29/2003

Dates for Final Rule:

Milestone	Originally Scheduled Date	New Projected Date	Actual Date
To OST	04/13/2004		04/15/2004
To OMB	05/17/2004
OMB Clearance	08/16/2004
Publication Date	08/23/2004

Explanation for any delay:

N/A

Federal Register Citation for Final Rule: None