Report on DOT Significant Rulemakings

Table of Contents

Federal Aviation Administration

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

2. Drug Enforcement Assistance

3. Aging Aircraft Safety

4. Corrosion Prevention and Control Program

5. National Air Tour Safety Standards

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

7. Flight Crewmember Duty Limitations and Rest Requirements

8. False and Misleading Statements Regarding Aircraft Parts

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

10. Licensing and Safety Requirements for Launch

11. Child Restraint Systems

12. Revision of Air Carrier Crewmember & Training Regulations

13. Training in the Recognition of Hazardous Material

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

15. Flight Simulation Device Qualification

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

17. Transponder Continuous Operation

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

19. Picture Identification Requirements

20. Ineligibility for an Airman Certificate Based on Security Grounds

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

22. Flight Deck Security on Large Cargo Airplanes

23. Stage 4 Aircraft Noise Standards

24. Extended Operations (ETOPS) of Multi-engine Airplanes

25. Aging Aircraft Program (Widespread Fatigue Damage)

26. Flightdeck Door Monitoring and Crew Discreet Alerting System

27. Washington, DC, Metropolitan Area Special Flight Rules Area

28. Process for Requesting Waiver of Mandatory Separation Age for Certain FAA Air Traffic Control Specialists

29. Fuel Tank Safety Compliance Extension (Final Rule) and Aging Airplane Program Update (Notice)

30. Transport Airplane Fuel Tank Flammability Reduction

31. Enhanced Airworthiness Program for Airplane Systems (EAPAS) and SFAR 88

Federal Highway Administration

32. National Bridge Inspection Standards

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

Federal Motor Carrier Safety Administration

34. Commercial Driver's License Standards; Biometric Identifier

35. Qualification of Drivers; Vision

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

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

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

39. Railroad-Highway Grade Crossing Safety

40. Unified Registration System

41. Transportation of Household Goods; Consumer Protection Regulations

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

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

44. New Entrant Safety Assurance Process

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

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

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

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

49. Hours of Service of Drivers; Supporting Documents

50. Registration Enforcement

51. Brokers of Household Goods Transportation by Motor Vehicle

52. Hours of Service of Drivers - Sleeper Berth Rest Period

53. Inspection, Repair and Maintenance of Intermodal Container Chassis

Federal Railroad Administration

54. Whistle Bans at Highway-Rail Grade Crossings

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

56. Locomotive Crashworthiness

57. Locomotive Event Recorders

58. Occupational Noise Exposure for Railroad Operating Employees

Federal Transit Administration

59. Rail Fixed Guideway Systems: State Safety Oversight

Maritime Administration

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

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

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

63. Maritime Security Program

National Highway Traffic Safety Administration

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

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

66. Frontal Offset Protection

67. Event Data Recorders

68. Federal Motor Vehicle Safety Standards, Occupant Crash Protection

69. Side Impact Protection Upgrade - FMVSS No. 214

70. Reforming the Automobile Fuel Economy Standards Program

71. Tire Pressure Monitoring Systems

Office of the Secretary

72. Accessibility of Passenger Vessels to Individuals with Disabilities

73. Domestic Passenger Manifest Information

74. Aviation Data Requirements Review and Modernization Program

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

76. Nondiscrimination on the Basis of Disability in Air Travel

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

78. Protection of Sensitive Security Information (SSI)

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

Research and Special Programs Administration

80. Safeguarding Food from Contamination During Transportation

81. Response Plans for Onshore Oil Pipelines

82. Hazardous Materials: Transportation of Oxygen Cylinders on Aircraft

83. External Product Piping on Cargo Tanks Transporting Flammable Liquids

84. Hazardous Materials; Transportation of Lithium Batteries



Federal Aviation Administration

Federal Aviation Administration
1. 
Retrofit of Improved Seats in Air Carrier Transport Category Airplanes Red
Popular Title: Retrofit of Improved Seats
RIN 2120-AC84
Stage: Final Rule
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 a 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:  NPRM : 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
2. 
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:  Final Rule : 09/18/1989
Rulemaking Project Initiated: 11/18/1988
Dates for Undetermined:
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST      
To OMB      
OMB Clearance      
Publication Date      
End of Comment Period      
Explanation for any delay: N/A
Federal Register Citation for Undetermined: None


Federal Aviation Administration
3. 
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. Publication Date for Extension of Comment Period 02/04/2003; End of Extension of Comment Period 05/05/2003.
Abstract: This rulemaking would require 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. This rulemaking would also prohibit 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 rulemaking does not apply to airplanes operated between any point within the State of Alaska and any other point within the State of Alaska. This rulemaking represents a critical step toward compliance with the Aging Aircraft Safety Act of 1991 and helps to ensure the continuing airworthiness of aging airplanes operating in scheduled service.
Effects:
  None
Prompting action: Statute
Legal Deadline:  Initiate rulemaking by : 04/24/1992
Rulemaking Project Initiated: 10/28/1991
Dates for Final Rule:
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 02/11/2005  06/25/2004   
To OMB 03/11/2005  07/23/2004   
OMB Clearance 06/10/2005  10/22/2004   
Publication Date 06/24/2005  11/05/2004   
Explanation for any delay: N/A
Federal Register Citation for Final Rule: None


Federal Aviation Administration
4. 
Corrosion Prevention and Control Program Green
Popular Title: Corrosion Control
RIN 2120-AE92
Stage: Withdrawal
Previous Stage: NPRM: Publication Date 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  05/26/2004 
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
5. 
National Air Tour Safety Standards Red
Popular Title: Air Tour Safety
RIN 2120-AF07
Stage: NPRM
Previous Stage:None
Abstract: In this rulemaking, the FAA will respond to NTSB recommendations. FAA is seeking information on air tour and sightseeing operations that are currently allowed to operate under less stringent regulations than those applied to other types of commercial operations. Over the past decade, the number of these operations, and the number of accidents and incidents associated with these operations, has increased. Hot air balloons and gliders would not be included. (Note: This rulemaking was formerly called "Sightseeing Operations.") This rulemaking has been downgraded to Nonsignificant and will be removed from future reports.
Effects:
  None
Prompting action: None
Legal Deadline:  None
Rulemaking Project Initiated: 04/25/1994
Dates for NPRM:
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 03/01/2002  01/31/2003  02/10/2003 
To OMB 04/01/2002  05/02/2003  07/10/2003 
OMB Clearance 07/01/2002  10/10/2003  10/08/2003 
Publication Date 07/03/2002  10/17/2003  10/22/2003 
End of Comment Period 09/09/2002    01/20/2004 
Explanation for any delay: Unanticipated issues requiring further analysis
Federal Register Citation for NPRM: 68 FR 60572


Federal Aviation Administration
6. 
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. This 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  05/06/2004 
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
7. 
Flight Crewmember Duty Limitations and Rest Requirements Red
Popular Title: Flight Crewmember Duty Time
RIN 2120-AF63
Stage: Undetermined
Previous Stage: NPRM: Publication Date 12/20/1995; End of Comment Period 03/19/1996; Comment Period Extended 3/20/1996; End of Extended Comment Period 6/19/1996.
Abstract: This rulemaking would amend the pilot rest and duty requirements for pilots by ensuring they receive adequate rest opportunities while assigned to reserve status and by preventing lengthy duty periods that could contribute to acute and cumulative fatigue. The rulemaking would propose a definition of "rest period." FAA previously planned to publish an SNPRM by 3/31/02.
Effects:
  Regulatory Flexibility Act
Prompting action: None
Legal Deadline:  None
Rulemaking Project Initiated: 11/28/1995
Dates for Undetermined:
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST      
To OMB      
OMB Clearance      
Publication Date      
End of Comment Period      
Explanation for any delay: Unanticipated issues requiring further analysis
Federal Register Citation for Undetermined: None


Federal Aviation Administration
8. 
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  07/07/2004   
To OMB 08/24/2004  08/01/2004   
OMB Clearance 11/24/2004  11/01/2004   
Publication Date 12/10/2004  11/18/2004   
Explanation for any delay: N/A
Federal Register Citation for Final Rule: None


Federal Aviation Administration
9. 
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
10. 
Licensing and Safety Requirements for Launch Red
Popular Title: Licensing Space Launches
RIN 2120-AG37
Stage: SNPRM/2
Previous Stage: NPRM: Publication Date 10/25/2000; End of Comment Period 2/22/2001. SNPRM: Publication Date 07/30/2002; End of Comment Period 10/28/2002.
Abstract: This rulemaking would amend the commercial space transportation regulations governing licensing and safety requirements for launch from Federal and non-Federal launch sites.
Effects:
  None
Prompting action: None
Legal Deadline:  None
Rulemaking Project Initiated: 01/17/1999
Dates for SNPRM/2:
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 05/21/2003  06/01/2004   
To OMB 06/20/2003  07/09/2004   
OMB Clearance 09/19/2003  10/01/2004   
Publication Date 09/26/2003  10/11/2004   
End of Comment Period 12/26/2003  01/05/2005   
Explanation for any delay: Additional coordination necessary
Federal Register Citation for SNPRM/2: None


Federal Aviation Administration
11. 
Child Restraint Systems Black
Popular Title: Child Restraint Systems
RIN 2120-AG43
Stage: Undetermined
Previous Stage: ANPRM: Publication Date 02/18/1998; End of Comment Period 6/18/1998.
Abstract: This rulemaking would consider the use of child restraint systems in aircraft during all phases of flight (i.e., taxi, takeoff, landing, or any other time the seat belt sign is illuminated). Specifically, the agency would consider information about existing child restraint systems, the development of new and improved child restraint systems, and the ease with which existing or new child restraint systems can be used. The Department is currently considering and coordinating options for appropriate action.
Effects:
  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
12. 
Revision of Air Carrier Crewmember & Training Regulations Green
Popular Title: Subparts N & O Air Carrier Training
RIN 2120-AG57
Stage: NPRM
Previous Stage:None
Abstract: This action would revise title 14 of the Code of Federal Regulations part 121 subparts N, O, and P. It would address Advanced Qualification Programs and additional training programs. The rulemaking is needed to enhance traditional training programs by including additional requirements in areas that are critical to safety. The rulemaking is intended to contribute significantly to reducing aviation accidents. The rulemaking also would reorganize and rewrite training and qualification requirements to make them easier to use.
Effects:
  None
Prompting action: None
Legal Deadline:  None
Rulemaking Project Initiated: 02/10/1998
Dates for NPRM:
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 05/07/2005     
To OMB 06/04/2005     
OMB Clearance 09/03/2005     
Publication Date 11/21/2005     
End of Comment Period 01/20/2006     
Explanation for any delay: N/A
Federal Register Citation for NPRM: None


Federal Aviation Administration
13. 
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
14. 
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. It is based on safety recommendations issued by the National Transportation Safety Board (NTSB) following the investigations of two accidents and other incidents involving B-737 aircraft.
Effects:
  None
Prompting action: None
Legal Deadline:  None
Rulemaking Project Initiated: 02/15/1999
Dates for Final Rule:
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 05/29/2000  11/03/2000  10/25/2000 
To OMB 06/28/2000  12/04/2000  12/26/2000 
Returned by OMB     09/18/2001 
Resubmitted to OST/2   04/30/2004  05/04/2004 
Resubmitted to OMB/2   06/15/2004   
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
15. 
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
16. 
Certification of Aircraft and Airmen for the Operation of Light-Sport Aircraft Red
Popular Title: Light-Sport Aircraft Certification
RIN 2120-AH19
Stage: Final Rule
Previous Stage: NPRM: Publication Date 02/05/2002; End of Comment Period 05/06/2002.
Abstract: This rulemaking would establish requirements for the certification, operation, and maintenance of light-sport aircraft, including powered parachutes and weight-shift-control aircraft. For the operation of light-sport aircraft, the rulemaking would establish a sport pilot certificate and a flight instructor certificate with a sport pilot rating. It would also establish requirements for student pilots and private pilots to operate these aircraft, and to revise the recreational pilot certificate to align it with privileges proposed for the new sport pilot certificate. It would also establish a new repairman certificate with ratings for individuals who would inspect and maintain light-sport aircraft. In addition, it would create a new category of special airworthiness certificate for light-sport aircraft that meet a consensus standard. This action is necessary to address advances in sport and recreational aviation technology, gaps in the existing regulations, and several petitions for rulemaking. The intended effect of this action is to provide a safe and economical means to certificate light-sport aircraft and the pilots who fly them.
Effects:
  None
Prompting action: None
Legal Deadline:  None
Rulemaking Project Initiated: 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  12/24/2003  12/24/2003 
Withdrawn from OMB     03/23/2004 
Resubmitted to OST/2     05/07/2004 
Resubmitted to OMB/2     06/03/2004 
OMB Clearance 07/01/2003  08/27/2004   
Publication Date 07/08/2003  09/03/2004   
Explanation for any delay: Unanticipated issues requiring further analysis
Federal Register Citation for Final Rule: None


Federal Aviation Administration
17. 
Transponder Continuous Operation Red
Popular Title: Transponder Continuous Operation
RIN 2120-AH67
Stage: Withdrawal
Previous Stage: NPRM: Publication Date 1/14/2003; End of Comment Period 3/17/2003; Extension of Comment Period 3/18/2003; End of Extended Comment Period 4/18/2003.
Abstract: This rulemaking would amend the instrument and equipment requirements for airplanes operated in domestic, flag, and supplemental operations. Specifically, the rulemaking would require affected airplanes to have the capability to help assure immediate activation of the designated air traffic control (ATC) hijack alert code, and continuous transmission of that code to ATC during a hijack situation. This action would respond to the heightened threat to U.S. civil aviation. The FAA believed that this capability would help provide ATC personnel with more time to initiate a national security response to a potential airplane hijack situation. However, following a review of the comments, the FAA is considering withdrawing the NPRM because of uncertainty about whether it is justified.
Effects:
  None
Prompting action: Secretarial/Head of Operating Administration Decision
Legal Deadline:  None
Rulemaking Project Initiated: 10/01/2001
Dates for Withdrawal:
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 08/08/2003    10/10/2003 
Returned to Mode     10/18/2003 
Returned To OST     02/01/2004 
Returned to Mode/2     02/17/2004 
Resubmitted to OST/3     02/19/2004 
Returned to Mode/3     04/08/2004 
Publication Approved 09/03/2003  11/24/2003   
Publication Date 10/14/2003  12/01/2003   
Explanation for any delay: Additional coordination necessary
Unanticipated issues requiring further analysis
Federal Register Citation for Withdrawal: None


Federal Aviation Administration
18. 
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 earlier rules 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
19. 
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  07/02/2004   
Publication Approved 11/19/2004  07/30/2004   
Publication Date 11/26/2004  08/06/2004   
Explanation for any delay: N/A
Federal Register Citation for Disposition of Comments: None


Federal Aviation Administration
20. 
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
21. 
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 
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 
Resubmitted to OST/5     06/10/2004 
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
22. 
Flight Deck Security on Large Cargo Airplanes Red
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 is continuing review of comments.
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
23. 
Stage 4 Aircraft Noise Standards Black
Popular Title: Stage 4
RIN 2120-AH99
Stage: Final Rule
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 Final Rule:
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 09/27/2004     
To OMB 10/27/2004     
OMB Clearance 01/27/2005     
Publication Date 02/18/2005     
Explanation for any delay: N/A
Federal Register Citation for Final Rule: None


Federal Aviation Administration
24. 
Extended Operations (ETOPS) of Multi-engine Airplanes Black
Popular Title: ETOPS
RIN 2120-AI03
Stage: Undetermined
Previous Stage: NPRM: Publication Date 11/17/03; End of Comment Period 1/13/04; Publication Date of Extension of Comment Period 1/6/04; End of Extension of Comment Period 3/15/04.
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. Comments are being analyzed before next stage is determined.
Effects:
  None
Prompting action: None
Legal Deadline:  None
Rulemaking Project Initiated: 08/10/2000
Dates for Undetermined:
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST      
To OMB      
OMB Clearance      
Publication Date      
End of Comment Period      
Explanation for any delay: N/A
Federal Register Citation for Undetermined: None


Federal Aviation Administration
25. 
Aging Aircraft Program (Widespread Fatigue Damage) Green
Popular Title: Aging Aircraft 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 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
26. 
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 the flightcrew to visually monitor the door area outside the flightdeck. This would allow the flightcrew to identify persons requesting entry into the flightdeck, and to detect suspicious behavior or potential threats. In addition, for operations requiring the presence of flight attendants, the rulemaking would require that the flight attendants have a means to discreetly notify the flightcrew of suspicious activity or security breaches in the cabin. The rulemaking would address standards adopted by the International Civil Aviation Organization following the September 11, 2001, terrorist attacks.
Effects:
  None
Prompting action: International Agreement
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
27. 
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 replace certain temporary restrictions that were implemented for national security reasons on operations in the airspace that will codify existing Notices To Airmen and the current Special Federal Aviation Regulation 94 that restrict operations in the Washington, DC, metropolitan area.
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 11/27/2003  07/05/2004   
To OMB 02/24/2004  08/05/2004   
OMB Clearance 05/21/2004  11/05/2004   
Publication Date 06/04/2004  11/12/2004   
End of Comment Period 08/04/2004  01/14/2005   
Explanation for any delay: Additional coordination necessary
Federal Register Citation for NPRM: None


Federal Aviation Administration
28. 
Process for Requesting Waiver of Mandatory Separation Age for Certain FAA Air Traffic Control Specialists Red
Popular Title: Air Traffic Controllers
RIN 2120-AI18
Stage: Final Rule
Previous Stage:None
Abstract: This rulemaking will adopt procedures under which individual air traffic controllers could submit applications for an exemption allowing the controller to delay mandatory retirement (age 55) until the employee reaches no later than 61 years of age. Congress has established the mandatory retirement age, as well as giving the Secretary of Transportation the authority to grant exemptions for controllers with exceptional skills and experience. The Secretary is not obligated to grant any exemptions. The rule is intended to clarify the means by which requests may be submitted and considered. This rule is significant because of substantial public interest.
Effects:
  None
Prompting action: Statute
Legal Deadline:  None
Rulemaking Project Initiated: 12/12/2003
Dates for Final Rule:
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 03/12/2004    03/12/2004 
Returned to Mode     04/28/2004 
To OMB 04/09/2004  07/21/2004   
OMB Clearance 07/09/2004  10/21/2004   
Publication Date 07/20/2004  11/04/2004   
Explanation for any delay: Additional coordination necessary
Federal Register Citation for Final Rule: None


Federal Aviation Administration
29. 
Fuel Tank Safety Compliance Extension (Final Rule) and Aging Airplane Program Update (Notice) Black
Popular Title: Aging Airplane Notice
RIN 2120-AI20
Stage: Final Rule
Previous Stage:None
Abstract: This action extends the compliance dates for operators to comply with special maintenance program requirements for transport airplane fuel tank systems. This extension is from December 6, 2004 to December 30, 2007. This action is necessary to allow affected operators enough time, after receipt of fuel tank systems maintenance programs from manufacturers, to incorporate necessary revisions into their maintenance programs. In addition, this action will tell the public about the findings of the FAA's review of our Aging Airplane Program and the resulting rulemaking projects. This rulemaking was upgraded from nonsignificant.
Effects:
  None
Prompting action: None
Legal Deadline:  None
Rulemaking Project Initiated: 04/04/2003
Dates for Final Rule:
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 06/10/2004     
To OMB 07/12/2004     
OMB Clearance 10/12/2004     
Publication Date 10/19/2004     
End of Comment Period 12/20/2004     
Explanation for any delay: N/A
Federal Register Citation for Final Rule: None


Federal Aviation Administration
30. 
Transport Airplane Fuel Tank Flammability Reduction Green
Popular Title: Fuel Tank Flammability/Inerting
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 require new design standards for future and pending applications for type certification as well as new operating rules for retrofitting existing airplanes.
Effects:
  Economically Significant
Major
Unfunded Mandate
Regulatory Flexibility Act
Prompting action: None
Legal Deadline:  None
Rulemaking Project Initiated: 02/17/2004
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 Aviation Administration
31. 
Enhanced Airworthiness Program for Airplane Systems (EAPAS) and SFAR 88 Green
Popular Title: EAPAS
RIN 2120-AI31
Stage: NPRM
Previous Stage:None
Abstract: This proposal would require holders of type certificates (TC) for transport category airplanes to develop instructions for inspection and maintenance of electrical wiring and would mandate adherence to new electrical wiring selection criteria and proper installation and design to minimize the risk of damage. It would require operating certificate holders to perform a baseline cleaning and inspection of electrical wiring in areas of the airplane most critical to safety and to incorporate the instructions for inspection and maintenance of electrical wiring into their maintenance manuals. In addition, it would create a new subpart to 14 CFR part 25 for electrical wiring. These actions are needed to address potential safety problems related to improper design, installation, and maintenance of electrical wiring. The intent of these requirements is to help ensure the safety of commercial airplanes by improving the way electrical wiring is handled.
Effects:
  None
Prompting action: None
Legal Deadline:  None
Rulemaking Project Initiated: 05/28/2001
Dates for NPRM:
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 10/27/2004  10/27/2004   
To OMB 11/27/2004  11/24/2004   
OMB Clearance 03/01/2005  02/24/2005   
Publication Date 03/18/2005  03/10/2005   
End of Comment Period 05/18/2005  05/10/2005   
Explanation for any delay: N/A
Federal Register Citation for NPRM: None


Federal Highway Administration

Federal Highway Administration
32. 
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
33. 
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:
  Economically Significant
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  05/24/2004 
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
34. 
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; Information Notice 3/08/1991.
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
35. 
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  06/25/2004   
To OMB 03/15/2003  07/26/2004   
OMB Clearance 06/15/2003  10/26/2004   
Publication Date 06/30/2003  11/05/2004   
End of Comment Period 08/30/2003  01/05/2005   
Explanation for any delay: Unanticipated impacts requiring further analysis
Federal Register Citation for NPRM: None


Federal Motor Carrier Safety Administration
36. 
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 requirements of the Federal Hazardous Transportation Law to 1) establish 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, and 2) require the inspection of vehicles transporting those radioactive materials before each trip.
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  06/03/2004 
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
37. 
Training for Entry-Level Drivers of Commercial Motor Vehicles Red
Popular Title: Training for Entry-Level Drivers
RIN 2126-AA09
Stage: Final Rule
Previous Stage: ANPRM: Publication Date 6/21/93; End of Comment Period 8/20/93; Report to Congress: 2/05/96; Notice of Availability of Report 4/25/96. NPRM: Publication Date 8/15/03; End of Comment Period 10/14/03.
Abstract: This rulemaking would establish 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    05/21/2004 
Explanation for any delay: Other, higher priorities
Federal Register Citation for Final Rule: 69 FR 29384


Federal Motor Carrier Safety Administration
38. 
Commercial Driver Physical Fitness As Part Of The CDL Process Red
Popular Title: Physical Fitness - CDL Process
RIN 2126-AA10
Stage: NPRM
Previous Stage: ANPRM: Publication Date 7/15/94; End of Comment Period 11/14/94.
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. It is required by the Motor Carrier Safety Improvement Act of 1999.
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
39. 
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. The next steps on this rulemaking are undetermined.
Effects:
  None
Prompting action: Statute
Legal Deadline:  Complete Final Rule : 02/16/1995
Rulemaking Project Initiated: 08/26/1994
Dates for Final Rule:
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 09/18/2002     
To OMB 12/17/2002     
OMB Clearance 03/17/2003     
Publication Date 03/31/2003     
Explanation for any delay: Unanticipated issues requiring further analysis
Federal Register Citation for Final Rule: None


Federal Motor Carrier Safety Administration
40. 
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 would implement the requirements of section 103 of the Interstate Commerce Commission Termination Act of 1995, which requires the Secretary to complete a rulemaking 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  07/19/2004   
To OMB 03/15/2002  08/19/2004   
OMB Clearance 04/24/2002  11/19/2004   
Publication Date 04/30/2002  11/26/2004   
End of Comment Period 07/01/2002  01/26/2005   
Explanation for any delay: Unanticipated issues requiring further analysis
Federal Register Citation for NPRM: None


Federal Motor Carrier Safety Administration
41. 
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. IFR effective 9/09/2003. IFR Compliance Date Delayed: Publication Date 9/30/2003. Technical Amendments to IFR: Publication Date 3/05/2004. Technical Amendments Clarified and Compliance Date Delayed: Publication Date 4/02/2004. Technical Amendments and Compliance Date Effective 5/05/2004.
Abstract: This rulemaking would update the regulations governing the interstate transportation by motor vehicles of personal effects or property for use in a private residence (household goods) 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, 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 published 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 notice and comment 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  10/06/2004   
To OMB 09/27/2004  11/05/2004   
OMB Clearance 12/27/2004  02/04/2005   
Publication Date 01/05/2005  02/11/2005   
End of Comment Period 03/07/2005  04/11/2005   
Explanation for any delay: N/A
Federal Register Citation for NPRM/2: None


Federal Motor Carrier Safety Administration
42. 
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 can 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 two other NAFTA-related rules, to the agency, requiring a full environmental impact statement and an analysis required by the Clean Air Act. On June 7, 2004, the Supreme Court reversed the Ninth Circuit and remanded the case, holding that FMCSA is not required to prepare the environmental documents as ruled by the Ninth Circuit. FMCSA is currently deciding what its next action should be.
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
43. 
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 implement a safety monitoring system and compliance initiative to ensure that Mexican-domiciled carriers conducting operations anywhere in the U.S. comply with applicable safety regulations and conduct safe operations. This rulemaking would revise FMCSA's safety fitness regulations to implement an enhanced safety oversight program designed to evaluate the safety fitness of Mexican carriers within 18 months after they receive conditional authority to operate in the U.S. This rule 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 two other NAFTA-related rules, to the agency, requiring a full environmental impact statement and an analysis required by the Clean Air Act. On June 7, 2004, the Supreme Court reversed the Ninth Circuit and remanded the case, holding that FMCSA is not required to prepare the environmental documents as ruled by the Ninth Circuit. FMCSA is currently deciding what its next action should be.
Effects:
  Regulatory Flexibility Act
Federalism
EIS
Prompting action: International Agreement
Legal Deadline:  None
Rulemaking Project Initiated: 02/07/2001
Dates for Final Rule:
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 07/14/2003     
To OMB 08/14/2003     
OMB Clearance 11/14/2003     
Publication Date 11/28/2003     
Explanation for any delay: Unanticipated impacts requiring further analysis
Federal Register Citation for Final Rule: None


Federal Motor Carrier Safety Administration
44. 
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.
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. FMCSA had orginally scheduled a final rule to be issued by March 31, 2004.
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  09/07/2004   
To OMB 09/17/2004  10/07/2004   
OMB Clearance 12/17/2004  01/07/2005   
Publication Date 12/31/2004  01/14/2005   
End of Comment Period 02/28/2005  03/14/2005   
Explanation for any delay: N/A
Federal Register Citation for NPRM: None


Federal Motor Carrier Safety Administration
45. 
Certification of Safety Auditors, Safety Investigators, and Safety Inspectors Red
Popular Title: Safety Auditors, Investigators, and Inspectors
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. IFR Extension of Statutory Compliance Date: Publication Date 7/28/2003. Notice of Environmental Assessment: Publication Date 10/02/2003; End of Comment Period 11/03/2003. Notice Statutory Compliance Date: Publication Date 12/23/2003; Compliance Date 1/01/2004.
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, and asked for comment on, 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 published a Notice of Statutory Compliance Date on December 23, 2003, 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). Progress on this rule is linked to progress on revisions to the new entrant rule RIN 2126-AA59.
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  12/15/2004   
To OMB 08/15/2003  01/14/2005   
OMB Clearance 11/14/2003  04/14/2005   
Publication Date 11/28/2003  04/20/2005   
Explanation for any delay: Unanticipated impacts requiring further analysis
Federal Register Citation for Final Rule: None


Federal Motor Carrier Safety Administration
46. 
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. It will be published with companion NHTSA rules RIN 2127-AI59 and 2127-AI60.
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  06/02/2004   
To OMB 12/15/2003  07/02/2004   
OMB Clearance 03/15/2004  10/01/2004   
Publication Date 03/30/2004  10/08/2004   
Explanation for any delay: Other, higher priorities
Federal Register Citation for Final Rule: None


Federal Motor Carrier Safety Administration
47. 
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/3
Previous Stage: Interim Final Rule: Publication Date 05/05/2003; End of Comment Period 07/07/2003. Interim Final Rule/2: Publication Date 11/07/2003. Comment Period End 1/06/2004.
Abstract: This rulemaking amends the Federal Motor Carrier Safety Regulations to prohibit States from issuing, renewing, transferring or upgrading a commercial driver's license (CDL) 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 (hazmat) 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 to not later than November 3, 2003. This compliance date has been extended.
Effects:
  None
Prompting action: Statute
Legal Deadline:  None
Rulemaking Project Initiated: 10/26/2001
Dates for Interim Final Rule/3:
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 05/24/2004    05/28/2004 
To OMB 06/15/2004     
OMB Clearance 06/25/2004     
Publication Date 06/30/2004     
End of Comment Period 08/30/2004     
Explanation for any delay: N/A
Federal Register Citation for Interim Final Rule/3: None


Federal Motor Carrier Safety Administration
48. 
Penalties, Inspection, and Decal Display Requirements for Mexico-Domiciled Motor Carriers Red
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. This rule was originally submitted as an IFR to OMB on November 6, 2002. OMB cleared the rule on January 29, 2003. The FMCSA did not publish the rule because it was integrally related to the Safety Monitoring Rule (2126-AA35), which the Ninth Circuit set aside on January 16, 2003. The agency is now converting the IFR to an NPRM because there is no good cause, at this point, to issue an IFR.
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  07/05/2004   
To OMB 07/14/2004  08/05/2004   
OMB Clearance 10/14/2004  11/05/2004   
Publication Date 10/20/2004  11/12/2004   
End of Comment Period 12/20/2004  01/12/2005   
Explanation for any delay: Unanticipated issues requiring further analysis
Federal Register Citation for NPRM: None


Federal Motor Carrier Safety Administration
49. 
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. This action is required by the Hazardous Materials Transportation Authorization Act of 1994.
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 
Returned to Mode     05/13/2004 
Returned To OST   06/15/2004   
To OMB 01/03/2003  07/05/2004   
OMB Clearance 04/03/2003  10/05/2004   
Publication Date 04/10/2003  10/12/2004   
End of Comment Period 06/10/2003  12/13/2004   
Explanation for any delay: Unanticipated issues requiring further analysis
Federal Register Citation for SNPRM: None


Federal Motor Carrier Safety Administration
50. 
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
51. 
Brokers of Household Goods Transportation by Motor Vehicle Red
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 need to be amended 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  07/05/2004   
To OMB 06/17/2004  08/05/2004   
OMB Clearance 09/17/2004  11/05/2004   
Publication Date 09/30/2004  11/12/2004   
End of Comment Period 11/30/2004  01/12/2005   
Explanation for any delay: Unanticipated issues requiring further analysis
Federal Register Citation for ANPRM: None


Federal Motor Carrier Safety Administration
52. 
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 Association 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
53. 
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 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 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  11/24/2004   
To OMB 10/15/2004  12/24/2004   
OMB Clearance 01/15/2005  03/25/2005   
Publication Date 01/31/2005  03/31/2005   
End of Comment Period 03/30/2005  05/31/2005   
Explanation for any delay: N/A
Federal Register Citation for NPRM: None


Federal Railroad Administration

Federal Railroad Administration
54. 
Whistle Bans at Highway-Rail Grade Crossings Green
Popular Title: Whistle Bans
RIN 2130-AA71
Stage: Final Rule
Previous Stage: NPRM: Publication Date 01/13/2000; End of Comment Period 05/26/2000. Interim Final Rule: Publication Date 12/18/2003; End of Comment Period 02/17/2004; Extension of Comment Period 02/13/2004; End of Extended Comment Period 04/19/2004.
Abstract: This action would govern when train whistles at grade crossings must be sounded. FRA has found that failing to use the locomotive horn can significantly increase the number of collisions with motorists using the crossing. This action is considered significant because of substantial public interest. This action is being taken pursuant to statutory mandate. 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 issued an interim final rule to implement the statute. FRA is currently preparing a final rule to implement the statute.
Effects:
  Regulatory Flexibility Act
Federalism
EIS
Prompting action: Statute
Legal Deadline:  Final Rule : 11/02/1996
In 2000,Congress passed legislation prohibiting final rule publication before : 07/01/2001
Rulemaking Project Initiated: 11/02/1994
Dates for Final Rule:
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 07/28/2004     
To OMB 08/28/2004     
OMB Clearance 10/25/2004     
Publication Date 10/28/2004     
Explanation for any delay: N/A
Federal Register Citation for Final Rule: None


Federal Railroad Administration
55. 
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
56. 
Locomotive Crashworthiness Yellow
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  05/26/2004  05/27/2004 
To OMB 05/27/2004  06/28/2004   
OMB Clearance 08/27/2004  09/28/2004   
Publication Date 09/05/2004  10/08/2004   
End of Comment Period 11/08/2004  12/11/2004   
Explanation for any delay: N/A
Federal Register Citation for NPRM: None


Federal Railroad Administration
57. 
Locomotive Event Recorders Red
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 rulemaking 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  06/18/2004   
Publication Date 04/30/2004  06/25/2004   
End of Comment Period 06/30/2004  08/25/2004   
Explanation for any delay: Additional coordination necessary
Federal Register Citation for NPRM: None


Federal Railroad Administration
58. 
Occupational Noise Exposure for Railroad Operating Employees Red
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  06/08/2004   
Publication Date 04/30/2004  06/15/2004   
End of Comment Period 07/23/2004  08/16/2004   
Explanation for any delay: Additional coordination necessary
Federal Register Citation for NPRM: None


Federal Transit Administration

Federal Transit Administration
59. 
Rail Fixed Guideway Systems: State Safety Oversight Green
Popular Title: State Safety Oversight
RIN 2132-AA76
Stage: NPRM
Previous Stage:None
Abstract: In 1995, under RIN 2132-AA39, FTA issued the final rule entitled, Rail Fixed Guideway Systems; State Safety Oversight. On December 23, 1996, under RIN 2132-AA57, FTA issued technical amendments to the final rule. Then in 2002, under RIN 2132-AA69, FTA issued a direct final rule amending the definition of accident. Because FTA received an adverse comment, the direct final rule was withdrawn and the next action was listed as undetermined while the next course of action was determined. FTA now intends to amend the rule, and has closed out RIN 2132-AA69, and opened RIN 2132-AA76, for this action. This rulemaking would add safety standards or guidance and significantly update existing rules in light of the increase in the number of state safety oversight agencies since the original FTA rule was issued.
Effects:
  Federalism
Prompting action: None
Legal Deadline:  None
Rulemaking Project Initiated: 06/23/2003
Dates for NPRM:
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 09/15/2003  11/12/2003  10/27/2003 
Publication Approved 02/15/2004  03/12/2004  01/22/2004 
Publication Date 02/18/2004  03/19/2004  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
60. 
Regulations To Be Followed by All Departments, Agencies and Shippers Having Responsibility To Provide a Preference for U.S.-Flag Vessels in the Shipment of Cargoes on Ocean Vessels: Vessel Types Red
Popular Title: Cargo Preference: Vessel Types
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 
Returned to Mode     02/01/2001 
Resubmitted to OST 05/08/2002  11/01/2002  10/24/2002 
Resubmitted to OMB   11/29/2002  03/18/2003 
Returned by OMB     06/13/2003 
Returned to Mode/2     06/13/2003 
Resubmitted to OMB/2   10/15/2003  11/06/2003 
Returned by OMB/2     02/12/2004 
Returned to Mode/3     02/12/2004 
Version 2 Submitted to OST     02/26/2004 
Returned to Mode/4     03/26/2004 
Resubmitted to OST     05/05/2004 
Resubmitted to OMB/4   06/04/2004   
OMB Clearance 09/04/2002  09/04/2004   
Publication Date 09/11/2002  12/04/2004   
End of Comment Period 11/13/2002  12/11/2004   
Explanation for any delay: Additional coordination necessary
Awaiting development of additional data
Federal Register Citation for NPRM: None


Maritime Administration
61. 
Vessel Documentation: Lease Financing for Vessels Engaged in the Coastwise Trade; Second Rulemaking Red
Popular Title: Joint Lease Financing
RIN 2133-AB51
Stage: NPRM
Previous Stage:None
Abstract: This 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 and then resubmitted with a companion United States Coast Guard rule, so that the two could 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
62. 
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: 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 an outdated version of the Department of Commerce's list of countries.This rulemaking would amend 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 of prohibited countries to keep MARAD's regulations current. This essentially ministerial rule was upgraded to significant at the request of 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
63. 
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 the Maritime Security Act of 2003 (MSA 2003). The MSA 2003 authorizes payments for fiscal years (FYs) 2006 through 2015 for a new Maritime Security Program (MSP). The MSP supports 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:
  Economically Significant
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    05/18/2004 
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
64. 
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
65. 
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:
  Regulatory Flexibility Act
Prompting action: None
Legal Deadline:  None
Rulemaking Project Initiated: 03/01/2001
Dates for Final Rule:
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 02/01/2003  06/30/2004  05/21/2004 
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
66. 
Frontal Offset Protection Red
Popular Title: Frontal Offset
RIN 2127-AH73
Stage: NPRM
Previous Stage: Request for Comments: Publication Date 02/03/2004; End of Comment Period 04/05/2004.
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
67. 
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  06/03/2004 
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
68. 
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:
  None
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
69. 
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 substantially upgrade the agency's side impact protection standard, especially by requiring protection in crashes with narrow objects and protection against head injuries in side impact crashes with both narrow objects and other vehicles. First, it would upgrade the standard by requiring that all passenger vehicles with a gross vehicle weight rating of 4,536 kilograms (10,000 pounds) or less protect front seat occupants against head, thoracic, abdominal and pelvic injuries in a vehicle-to-pole test simulating a vehicle's crashing sideways into narrow fixed objects like telephone poles and trees. To meet the head injury criteria in the pole test, vehicle manufacturers would likely need to install dynamically deploying side head protection systems, such as head air bags or inflatable air curtains that drop down from the roof line above the door frame. Second, this rulemaking would upgrade the standard's existing vehicle-to-vehicle test that requires protection of front and rear seat occupants against thoracic and pelvic injuries in a test that uses a moving deformable barrier to simulate a moving vehicle's being struck in the side by another moving vehicle. The rulemaking would upgrade that test by requiring protection against head injuries. It would replace the mid-size male dummy currently used in that test with the new mid-size male dummy mentioned above and require compliance with the head, thoracic and pelvic injury criteria developed for the new dummy. It would also enhance protection for small adult occupants by adding the new small female test dummy mentioned above and requiring compliance with the injury criteria developed for that dummy. Thus, the number of test configurations would increase from one to two.
Effects:
  Economically Significant
Major
Unfunded Mandate
Regulatory Flexibility Act
Prompting action: None
Legal Deadline:  None
Rulemaking Project Initiated: 06/28/2002
Dates for NPRM:
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 11/14/2003    11/03/2003 
To OMB 12/12/2003    02/10/2004 
OMB Clearance 03/12/2004  05/10/2004  05/10/2004 
Publication Date 03/22/2004  05/17/2004  05/17/2004 
End of Comment Period 05/22/2004    10/14/2004 
Explanation for any delay: Additional coordination necessary
Federal Register Citation for NPRM: 69 FR 27990


National Highway Traffic Safety Administration
70. 
Reforming the Automobile Fuel Economy Standards Program Black
Popular Title: Reforming CAFE
RIN 2127-AJ17
Stage: Undetermined
Previous Stage: ANPRM: Publication Date 12/29/03; End of Comment Period 4/27/04.
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:
  Economically Significant
Major
Unfunded Mandate
Prompting action: None
Legal Deadline:  None
Rulemaking Project Initiated: 04/01/2003
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


National Highway Traffic Safety Administration
71. 
Tire Pressure Monitoring Systems Red
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 2003 Second Circuit decision.
Effects:
  Economically Significant
Major
Unfunded Mandate
Prompting action: Statute
Legal Deadline:  None
Rulemaking Project Initiated: 08/06/2003
Dates for NPRM:
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 02/27/2004  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: Unanticipated issues requiring further analysis
Federal Register Citation for NPRM: None


Office of the Secretary

Office of the Secretary
72. 
Accessibility of Passenger Vessels to Individuals with Disabilities Green
Popular Title: Accessibility-passenger vessels
RIN 2105-AB87
Stage: ANPRM
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 plans to publish an ANPRM and Notice of Availability in the summer of 2004. DOT is preparing a concurrent ANPRM.
Effects:
  Federalism
Prompting action: Statute
Legal Deadline:  None
Rulemaking Project Initiated: 07/26/1990
Dates for ANPRM:
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 07/30/2004     
To OMB 08/30/2004     
OMB Clearance 09/13/2004     
Publication Date 09/22/2004     
End of Comment Period 12/21/2004     
Explanation for any delay: N/A
Federal Register Citation for ANPRM: None


Office of the Secretary
73. 
Domestic Passenger Manifest Information Yellow
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 because the problem that the rulemaking was designed to address no longer exists.
Effects:
  Economically Significant
Major
Unfunded Mandate
Regulatory Flexibility Act
Prompting action: None
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    05/12/2004 
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
74. 
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
75. 
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: Final Rule
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 Final Rule:
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 07/01/2004     
To OMB 08/02/2004     
OMB Clearance 11/02/2004     
Publication Date 11/09/2004     
End of Comment Period 01/09/2005     
Explanation for any delay: N/A
Federal Register Citation for Final Rule: None


Office of the Secretary
76. 
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: 04/05/2000
Dates for NPRM:
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 04/26/2004    04/26/2004 
To OMB 06/15/2004  06/25/2004   
OMB Clearance 09/15/2004  09/25/2004   
Publication Date 09/22/2004  10/02/2004   
End of Comment Period 11/22/2004  01/02/2005   
Explanation for any delay: N/A
Federal Register Citation for NPRM: None


Office of the Secretary
77. 
Review of Data Filed by Certificated or Commuter Air Carriers to Support Continuing Fitness Determinations Involving Citizenship Issues Black
Popular Title: Fitness
RIN 2105-AD25
Stage: Undetermined
Previous Stage: ANPRM: Publication Date 7/30/03; End of Comment Period 9/29/03.
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 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
78. 
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 handled 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 
Approved by S-1     11/14/2003 
Publication Date 07/29/2003  05/14/2004  05/18/2004 
End of Comment Period 09/30/2003  07/14/2004  07/19/2004 
Explanation for any delay: Additional coordination necessary
Federal Register Citation for Interim Final Rule: 69 FR 28066


Office of the Secretary
79. 
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: Part 375 of the Department's regulations, 14 CFR Part 375 provides for the operation in the United States of foreign civil aircraft that 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 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 company's 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. This rulemaking would 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. At the request of OMB, this rulemaking has been reclassified 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    03/29/2004 
Returned to Mode     05/03/2004 
Resubmitted to OST     05/25/2004 
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
80. 
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. Commenters on a 1993 NPRM 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's 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  06/11/2004   
OMB Clearance 07/23/2004  09/11/2004   
Publication Date 07/30/2004  09/16/2004   
End of Comment Period 08/30/2004  11/16/2004   
Explanation for any delay: Additional coordination necessary
Federal Register Citation for SNPRM: None


Research and Special Programs Administration
81. 
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 
Resubmitted to OST/4   09/01/2004   
To OMB 06/03/2002  10/01/2004   
OMB Clearance 09/06/2002  01/03/2005   
Publication Date 09/13/2002  01/10/2005   
Explanation for any delay: Unanticipated issues requiring further analysis
Federal Register Citation for Final Rule: None


Research and Special Programs Administration
82. 
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  05/06/2004 
End of Comment Period 05/27/2004  07/06/2004  07/06/2004 
Explanation for any delay: N/A
Federal Register Citation for NPRM: 69 FR 25470


Research and Special Programs Administration
83. 
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:
  Economically Significant
Major
Unfunded Mandate
Regulatory Flexibility Act
EIS
Prompting action: None
Legal Deadline:  None
Rulemaking Project Initiated: 01/19/2000
Dates for NPRM:
Milestone Originally
Scheduled
Date
New
Projected
Date
Actual
Date
To OST 12/05/2003  03/23/2004  03/17/2004 
To OMB 01/05/2004  06/11/2004   
OMB Clearance 04/05/2004  09/11/2004   
Publication Date 04/12/2004  10/11/2004   
End of Comment Period 06/12/2004  12/18/2004   
Explanation for any delay: Additional coordination necessary
Federal Register Citation for NPRM: None


Research and Special Programs Administration
84. 
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 amendments would be consistent with changes recently made to the United Nations Recommendations on the Transport of Dangerous Goods (UN Recommendations). These amendments would 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/2   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